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

High Court 3714 of 2012

REPU KENY IN TH COUR A NAIR MILIM LAW Environmental & Land Case 958 of 2006 C H R I S T I N E G A C H U R U JAVERSON MACHARIA NJUGUNA ELIZABETH NJERI NJUGUNA ...………..................……. PLAINTIFFS VERS

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VINCENT GICHURU GAITHO PATRICK MAGIRI GAITHO EVELYN WAMBUI KIARIE ...…....................................... DEFENDANTS DIRECTIONS The originating summons dated 8th September, 2006, came up for hearing before me on 6th October, 2011. Both parties made oral and relied on written submissions and the judgment was scheduled for 17th February, 2012. However, as I set out to write the Judgment, I encountered certain difficulties presented by issues that cannot be resolved by affidavit evidence. Upon perusal of the court file (although the proceedings have not been typed), I am able to discern from an order made by Rawal, J (as she then was) that the originating summons be heard by oral evidence based on affidavits. This means that if parties gave oral evidence, they can be subjected to the court room processes of examination and cross examination. For the aforesaid reasons and in the interest of justice, I am unable to determine this suit by way of submissions. I direct that the matter be fixed for hearing by way of oral evidence de novo. Matter be mentioned on priority basis before the presiding judge, Land and Environmental Division for directions. Directions given and signed this 17th day of February, 2012. MARTHA KOOME JUDGE OF APPEAL Note: This application was heard and concluded on 30th November, 2011, when I was a Judge of the High Court. The matter was pending for ruling when I was appointed as a Judge of the Court of Appeal. I proceed to write and append my signature thereto in my new capacity.

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