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AI-generated case briefs sourced from Kenya Law · Not legal advice
Original judgment

keelc-2017-02118

REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU CIVIL SUIT NO. 63 OF 2000 BETHA NDUMBA M'ITWARUCHIU ...................................PLAINTIFF VERSUS WACHIRA WAMBUGU...................................................DEFENDANT R U L I NG The ruling is in respect of the objection raised on 10.7.17 by defence counsel whereby defence objected to the production of ; (1) Item No. 4, Sketch Map in Plaintiff's list of 21.08.12 and (2) Item No. 5 a letter from Chairman, Mwichwiri Farmers Company to the District Registrar Laikipia. On the issue of the Sketch Map, I find that the Plaintiff has availed the original map which she bought from Nakuru lands office. The Court has seen the big map. It has a reference Number that can be traced in the lands Registry. It is therefore a public document within the meaning of S. 38 of the evidence Act. S. 39 too is applicable. Further, I find that the map is only being produced to show the position of the suit land. No issue on interpretation of the map has so far been raised. I hence allow the map to be produced as an exhibit. As for the document listed as item No 5, the same was not addressed to PW 1. It was not copied to her either. The objection is upheld and the production of the document at this stage is declined. DELIVERED, DATED AND SIGNED AT MERU THIS DAY OF 26TH, JULY,2017 IN THE PRESENCE OF: C:A Janet Rimita for Plaintiff present Miss Kiome for Plaintiff present HON. L. N. MBUGUA ELC JUDGE

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