The Court of Appeal has rejected an application from Benjoh Amalgamated firm to reopen a decision that led to the auction of a 433-acre coffee farm. The court determined that Benjoh’s application against KCB lacked merit.
In the case, Benjoh argued that they did not engage the services of advocate Gedion Meenye to record the consent in court, which ultimately led to the auction.
They further claimed to have obtained new evidence that was previously unavailable. Additionally, they contended that the lawyer who entered the consent did not possess a valid practicing certificate, rendering the consent null and void.
However, KCB, represented by lawyer Phillip Nyachoti, argued that Benjoh’s application was malicious and that the court had already issued a judgment in favor of innocent parties. They emphasized that interfering with the judgment would cause injustices.
The court echoed KCB’s sentiments, noting that Benjoh’s assertions were indicative of dishonesty and should not be entertained in the justice system. As a result, the application to reopen the decision was dismissed.
“The applicant is suggesting that Mr. Meenge emerged from nowhere and a actively represented it in court ,the applicant wants us to believe that all this time it never it’s lawyer in record,” court noted.
The court of appeal said that they bound by the decision of the Supreme Court which already determined the question of the consent validity.
“It is mind-boggling that Benjoh is inviting this court to re-open the same consent that the Apex court declined to re-open. The applicant is naively or mischievously asking this court to circumvent the Supreme Court decision which we decline to do,” Court noted.
