Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowedNot stated in the judgment· [2025] KEELC 3396 (KLR)

Kigoi v Kabiru (Environment and Land Appeal E011 of 2023) [2025] KEELC 3396 (KLR)

High Court of Kenya
29 April 2025
MGM.N. Gicheru
568 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

Kenya's High Court allowed a land disputant to present new documents on appeal, confirming courts will admit extra evidence when it helps resolve land cases fairly.

What this practically means

#

Executive summary

#
This is a ruling of the High Court at Murang'a (M.N. Gicheru, J) delivered virtually on 29 April 2025 on a notice of motion dated 26 April 2024 by the Appellant in an appeal against the dismissal of his land claim. The Appellant's case had been dismissed because he could not prove the auction sale through which the land was acquired; he sought leave to produce additional evidence, comprising recently acquired auction documents from 1996 and eviction notices issued to the Respondent, and to file a supplementary record of appeal. The Respondent opposed, arguing the evidence was readily available at trial, was an afterthought to fill gaps, would have no impact given over twelve years' delay supporting adverse possession, and that the eviction notices showed alterations casting doubt on authenticity. The court allowed the motion, holding that although applications to adduce evidence on appeal are rare, the power exists under Section 78(1)(d) of the Civil Procedure Act and Order 42 rules 27 and 28 of the Civil Procedure Rules; that land being emotive and valuable, a party should not be locked out of adducing evidence assisting fair resolution; and that the Respondent would suffer no prejudice as he could rebut the new evidence through cross-examination and by filing his own evidence. The motion was allowed with costs in the cause.

Key legal issues

#
01

Whether additional evidence may be admitted at the hearing of an appeal

Holding

The motion was allowed: the Appellant may produce additional evidence and file a supplementary record of appeal, with the Respondent free to rebut.

Reasoning

The court reasoned that the power to admit additional evidence on appeal, though rarely exercised, exists under Section 78(1)(d) of the Civil Procedure Act and Order 42 rules 27 and 28 of the Civil Procedure Rules. Given the emotive and valuable nature of land, a party should not be shut out from evidence assisting fair resolution, and the Respondent will have adequate opportunity to rebut through cross-examination and fresh evidence, so no prejudice arises.

p. 2

Legal principles established

#
  • An application to adduce evidence at the hearing of an appeal, though rare, is provided for in Section 78(1)(d) of the Civil Procedure Act and Order 42 rules 27 and 28 of the Civil Procedure Rules.
  • In land disputes, a party should not be locked out from adducing evidence that could assist the court in resolving the dispute fairly.

Court orders

#
  1. 1.The Appellant is allowed to produce additional evidence
  2. 2.The Appellant is allowed to file a supplementary record of appeal
  3. 3.Costs in the cause
On appeal from
Not stated (land dispute at first instance dismissed; appellate court not identified)
Jurisdiction invoked
Section 78(1)(d) of the Civil Procedure Act and Orders 42 rules 27 and 28 and Order 5 rule 1 of the Civil Procedure Rules

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kigoi v Kabiru (Environment and Land Appeal E011 of 2023) [2025] KEELC 3396 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3396/eng@2025-04-29

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