Environment & Land Case 371 of 2012

Case Metadata
Case Number:	Environment & Land Case 371 of 2012
Parties:	Leebarn Builders Limited v Kenya Bankers’ Savings and Credit Co-operative Society Limited
Date Delivered:	11 May 2023
Case Class:
Court:	Environment and Land Court at Nairobi
Case Action:	Ruling
Judge(s):	Lucy Ngima Mbugua
Citation:	Leebarn Builders Limited v Kenya Bankers’ Savings and Credit Co-operative Society Limited (Environment & Land Case 371 of 2012) [2023] KEELC 17477 (KLR) (11 May 2023) (Ruling)
Advocates:	Koki Mbulu for Plaintiff, Odhiambo for Defendant
Court Division:	Environment and Land
County:	Nairobi
Advocates:	Koki Mbulu for Plaintiff, Odhiambo for Defendant
Disclaimer:	The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Case Metadata

Case Number:

Parties:

Leebarn Builders Limited v Kenya Bankers’ Savings and Credit Co-operative Society Limited

Date Delivered:

11 May 2023

Case Class:

Court:

Environment and Land Court at Nairobi

Case Action:

Ruling

Judge(s):

Lucy Ngima Mbugua

Citation:

Leebarn Builders Limited v Kenya Bankers’ Savings and Credit Co-operative Society Limited (Environment & Land Case 371 of 2012) [2023] KEELC 17477 (KLR) (11 May 2023) (Ruling)

Advocates:

Koki Mbulu for Plaintiff, Odhiambo for Defendant

Court Division:

Environment and Land

County:

Nairobi

Advocates:

Koki Mbulu for Plaintiff, Odhiambo for Defendant

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Leebarn Builders Limited v Kenya Bankers’ Savings and Credit Co-operative Society Limited (Environment & Land Case 371 of 2012) [2023] KEELC 17477 (KLR) (11 May 2023) (Ruling)

Neutral citation: [2023] KEELC 17477 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case 371 of 2012

LN Mbugua, J

May 11, 2023

Between

Leebarn Builders Limited

Plaintiff

and

Kenya Bankers’ Savings and Credit Co-operative Society Limited

Defendant

Ruling

1.On April 25, 2023 after DW1 had testified and was cross examined, defence counsel made an application to be allowed to bring in additional witnesses, they also seek leave to bring in a formal application to avail more documents. They argue that plaintiffs had been allowed to bring in more documents which ought to be expunged.

2.The application was opposed by plaintiffs counsel who averred that all along, they were expecting the defendant to rely on their Trial Bundle dated May 30, 2022. That it was only after the cross examination of their witness that the defence are now coming up with the applications to avail more documents and witnesses hence their application is an after thought.

3.I have considered all the arguments raised herein.

4.I find that the issue of production of more documents by the defendants did crop up on April 25, 2023 and the court rendered a ruling thereof on same date. Thus I need not rehash the contents of the said ruling save to emphasize that defendant’s witness statements and documents are contained in their bundle dated May 30, 2019. The only witness listed at page 1 of the said bundle is one Joseph James Okano who has already testified. That being the case, then the defence case stands as closed.

5.The defence doesn’t require leave of this court to file any application they desire to bring forth. As such, the court declines to give any orders on the filing of any proposed formal applications.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 11^TH DAY OF MAY, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of;Koki Mbulu for PlaintiffOdhiambo for DefendantCourt Assistant: Eddel