Kiplimo v Settlement Fund Trustees & 7 others (Environment and Land Case 58 of 2019) [2025] KEELC 8432 (KLR)
The bottom line
#A Kitale land court refused to accept a survey report as evidence because the owner skipped the required legal steps, and ordered him to pay the other side's costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the survey report could be adopted without the maker being called for cross-examination
Adoption refused; the plaintiff did not use the statutory mechanisms (notice to produce the maker under Section 69 of the Evidence Act, notices of admission, notices to rely)
The court noted that Orders 2, 3, 7, 13 and 14 of the Civil Procedure Rules and Sections 35-42, 48-54, 64-82A of the Evidence Act govern admission and production of documents. The plaintiff did not show he had exhausted these mechanisms, so adoption would bypass safeguards of testing the evidence.
Whether the application was premature and an abuse of process
Yes - filed three days before the hearing, interrupting it; found to be premature and a delaying tactic
The report had been on record since 5/12/2022 and the earlier ruling of 22/1/2025 permitted adoption at the hearing. Filing late on the eve of hearing was held to derail and ambush the other parties, and the court declined to pronounce on the report's credibility at this stage.
Legal principles established
#- A party must first exhaust statutory mechanisms such as notices of admission or notices to produce documents under the Evidence Act before seeking adoption of a report as evidence
- Courts should not descend into the arena of trial, facts or evidence at interlocutory stage
Court orders
#- 1.The application dated 27/10/2025 is dismissed with costs
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kiplimo v Settlement Fund Trustees & 7 others (Environment and Land Case 58 of 2019) [2025] KEELC 8432 (KLR)", Case Analysis (2025). Not stated in judgment (ELC Case, Kitale). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8432/eng@2025-12-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.