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ELCPartially AllowedNot stated in the judgment· [2019] KEELC 4836 (KLR)

Stephen Nyapara & 2 others v Provincial Director of Settlement & 3 others [2019] KEELC 4836 (KLR)

Environment and Land Court
31 January 2019
MNMwangi Njoroge
369 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan land court ruled that parties can produce allotment letters issued to them personally, but not documents issued to other people.

What this practically means

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Executive summary

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This is an interlocutory ruling by Mwangi Njoroge, Judge, of the Environment and Land Court at Kitale, delivered on 31 January 2019 in an ongoing land suit concerning land in Kitalale Settlement Scheme. The 1st plaintiff, Stephen Nyapara, had earlier testified that he and others were issued with allotment letters in 1998 by the then Ministry of Lands and Settlement. When counsel sought to produce the letters of allocation (marked PMFI 2-11), defence counsel Ms. Lungu objected. Counsel for the plaintiffs, Ms. Arunga, later applied on 3 December 2018 to recall PW1 to produce the letters on the basis that he had long had custody of them, having been unable to secure a witness from the office that issued them. Ms. Lungu objected again, insisting the letters be produced by their maker. The court held that the letters, which purport to be originals and are the backbone of the plaintiffs' claim, could be individually produced by the plaintiffs. However, the court granted the application only in part: the 1st plaintiff was permitted to produce only the document issued to him personally, not those issued to other allottees. The ruling was read in open court. No costs order was made and no authorities were cited.

Key legal issues

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Production of documents by a party in custody rather than by the maker

Holding

The 1st plaintiff was permitted to produce the letter of allocation issued to him, but not those issued to other allottees

Reasoning

The letters of allocation were the backbone of the plaintiffs' claim and purported to be originals issued to them by the then Ministry of Lands and Settlement. The court found no good ground to bar individual production by the plaintiffs. However, the court confined the recall of PW1 to producing only the document issued to him personally, excluding documents issued to other allottees, partially accommodating the defendants' objection.

p. 1

Legal principles established

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  • A party to whom a document was issued may individually produce that document in support of their claim; it need not be produced by its maker in all circumstances

Court orders

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  1. 1.Application by Ms. Arunga to recall PW1 to produce the letters of allocation allowed only to the extent that the 1st plaintiff will produce in this case only the document issued to him
Jurisdiction invoked
Original civil suit before the Environment and Land Court (specific provision not stated in the judgment)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Stephen Nyapara & 2 others v Provincial Director of Settlement & 3 others [2019] KEELC 4836 (KLR)", Case Analysis (2019). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/4836/eng@2019-01-31

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.