Case law
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Division and case type: CivilCivil Case
…Hestressed that some vital witnesses did not give evidence when the case washeard in 1979 before Resident Magistrate or at first appeal in 1985 in the HighCourt Eldoret. I am not hearing the Review application.…
Division and case type: Environment and Land CourtCivil Suit
…The 3rd defendant relies on Sections 133A, 133C, and 133D of the Land Act, 2012, which establish the Land Acquisition Tribunal, and contends that the Plaintiff was obliged to first appeal to the Tribunal before approaching…
Division and case type: CivilCivil Suit
…This being a first appeal it is the duty of this Court to re-evaluate and reconsider the evidence adduced in the superior court and to make its own conclusions thereon by virtue of section 361 of the Criminal Procedure Code…
Division and case type: Environment and Land CourtCivil Suit
…It is after those two determinations, one at trial and one on first appeal, that the applicants came before this Court on 9 February 2026.…
Division and case type: Environment and Land CourtCivil Suit
…It is only an appellate tribunal which is empowered and in fact enjoined in cases of the first appeal to re-evaluate the evidence presented at the first instance and arrive at its own decision on facts.…