[2004] KEHC 2033 (KLR)
The court held that although directions had already been given, this does not preclude the court from allowing further affidavits where there is good reason. Since the hearing had not started and the respondent would not suffer prejudice, the applicant was granted leave to file a further affidavit to annex copies of...
Source-derived case information.
- Citation
- [2004] KEHC 2033 (KLR)
- Parties
- Applicant: Alexander Charles Ratemo; Respondent: John Keragita Onyonka
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 114 of 2003
- Procedural Posture
- Civil Suit / Interlocutory Application for Leave to File Further Affidavit
- Outcome
- Application allowed; leave granted to applicant to file further affidavit.
- Judges
- K Bauni
- Legal Topics
- Leave to File Further Affidavit, Admissibility of Evidence, Ownership of Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alexander Charles Ratemo
Applicant
John Keragita Onyonka
Respondent
Procedural Posture
Civil Suit / Interlocutory Application for Leave to File Further Affidavit
Legal Issues
- 1 Whether the applicant should be granted leave to file a further affidavit to annex copies of the land register before hearing commences.
- 2 Whether allowing the further affidavit would prejudice the respondent.
Ratio Decidendi
The court held that although directions had already been given, this does not preclude the court from allowing further affidavits where there is good reason. Since the hearing had not started and the respondent would not suffer prejudice, the applicant was granted leave to file a further affidavit to annex copies of the register. The respondent was also given liberty to file a further replying affidavit if desired. The court exercised its discretion in the interest of justice and to ensure all relevant evidence is before the court.
Court Disposition
Application allowed; leave granted to applicant to file further affidavit.
Orders
- Applicant granted leave to file a further affidavit within 14 days from the date of the ruling.
- Respondent at liberty to file a further replying affidavit if he so wishes.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CIVIL SUIT NO.114 OF 2003IN THE MATTER OF THE REGISTERED LAND ACT CAP 300 LAWS OF KENYAANDIN THE MATTER OF THE CIVIL PROCEDURE ACT AND THE RULES MADE THERE UNDER ORDER XXXVI RULE 3D
ANDIN THE MATTER OF A DISPUTE OF OWNERSHIP OF A DISPUTED PARCEL OF LAND BETWEEN ALEXANDER CHARLES RATEMO …………………………………… APPLICANT VERSUS JOHN KERAGITA ONYONKA ……………………………………….. RESPONDENTRULING:
Applicant prays to court for leave to file a further affidavit to be able to annex copies of the Register. Application was opposed and court told that pleadings were closed.
Indeed the court has already given direction but that does not mean court cannot allow further affidavits if there are good reason. Applicant states he wants to file a further affidavit so that he can be able to put in copies of the register. Hearing of the case has not started and I feel the Respondent will not suffer any prejudice if the application is allowed.
In the circumstances the application is allowed. Applicant granted leave to file a further affidavit within 14 days from today’s date. Respondent be at liberty to file a further replying affidavit if he so feels.
It is so ordered.
KABURU BAUNI
JUDGE14/6/04
Signed, dated and delivered on this 14th June 2004. Mr. Ondieki for applicant. Mr. Anyona holding brief for Mr. Bosire.
KABURU BAUNI JUDGE