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…E073 of 2019, set aside the judgment delivered on June 2019 and directed a retrial before a different court in the Environment and Land Court (ELC).The Plaintiffs now seek to introduce new documents and amend the pleadings…

…Given that the judgment has been nullified, the report serves no legal or evidentiary purpose ill the retrial.…

…That upon the grant of Order (3) above, the Honourable court be pleased to order for a retrial and or a resurvey and sub-division of LR NO.…

…Prayer 7 is for retrial and resurvey. This prayer can only be available if the judgement and consequent orders are set aside.…

…A retrial would resolve these without abuse, as the merits remain unaddressed.…

…He adds that the Applicant has occupied LR 761 since 199 and argues that a retrial would promote justice under Article 40 on property rights, praying that his application be allowed.…

…and decree that gave rise to the same were vacated, the dispute concerns a large body of land whose alteration cannot be compensated by an award of costs and that the appeal attacks legal and procedural foundation of the retrial…

…The Applicants contend that the court could not properly order a retrial against newly joined defendants before the plaint was amended, disclosing the claims against them and before summons were issued and served.…

…Looking at the entirety of the application, the responses, and the orders sought, the applicant essentially seeks a retrial of the matter based on gaps that may have emerged from a full trial, seeking a second bite at the…

…I will refrain from discussing the detailed reasons for a retrial, as they are issues that should be addressed in the pending judgment, which is yet to be written. 15.…

…That the Court be pleased to issue an order directing that the hearing of this matter be referred for retrial and/or hearing afresh.…

…The present Application contains an alternative prayer for the Court to order for a retrial of the case owing to the technical hitches experienced by his Advocates on record on 31st January, 2024, when the matter was set…

…The court then directed, on 17th October 2024, that the matter proceed afresh, and it was on that basis that the file was transmitted to this court for a retrial. 14.…

…Directions for the retrial were taken before me between February and April 2025, culminating in a hearing date of 29th July 2025 fixed by consent of all the advocates then on record.…

…In Civil Suit 294 of 1979) JUDGMENT OF THE COURT KNELLER, J A Shelmith Gathigia Henry (Gathigia), the appellant, wants a decision of the High Court in Nyeri (O’Kubasu J) of September 23, 1982 set aside and an order for a retrial…

…The court having pronounced itself on the issue, this court cannot re-open the matter as such would end up with a retrial. The court has no jurisdiction to grant stay as the court is functus officio.…

…That as there is no evidence that the plaintiff has successfully appealed the conviction, and a retrial ordered, then there is no existing prosecution upon which the order could be considered. the court of law cannot issue…

…September 2024 be and are hereby reviewed. b) The entire proceedings and the judgement dated 20th September 2024 with the attendant decree and all consequential orders are set aside. c) An order be and is hereby made for a retrial…

…of the entire suit. d) Costs of the application shall abide the outcome of the suit upon retrial.…

…That the Plaintiff/ Respondent will not suffer any prejudice that cannot be compensated by way of damages if the court orders for the retrial or set aside the judgement, and consequential orders thereto, That if the application…

…map or actual sub – divisions by a Surveyor agreed upon by all parties. i) The absence of evidence Director of Survey and Land Registrar on the proceedings denied the court vital information and the appeal has sought a retrial…