[2012] KEHC 4436 (KLR)
The court held that the directions previously issued by Justice Martha Koome on 2nd November, 2009 are comprehensive and binding on the parties. The 1st Defendant is bound by his sworn statement that only documents from the Office of the Registrar of Companies will be relied upon. Strict adherence to these...
Source-derived case information.
- Citation
- [2012] KEHC 4436 (KLR)
- Parties
- Plaintiff: Belgo Holdings Limited; Defendant: Robert Otachi & Another
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 454 of 2004
- Procedural Posture
- Civil Case / Directions
- Outcome
- Directions reaffirmed and parties ordered to comply strictly with previous directions.
- Judges
- CM Njagi
- Legal Topics
- Case Management, Directions Compliance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Belgo Holdings Limited
Plaintiff
Robert Otachi & Another
Defendant
Procedural Posture
Civil Case / Directions
Legal Issues
- 1 Whether the parties should comply with the directions previously issued by Justice Martha Koome on the hearing of the matter.
- 2 Whether the defendants are limited to relying only on documents from the Office of the Registrar of Companies as per their sworn affidavit.
Ratio Decidendi
The court held that the directions previously issued by Justice Martha Koome on 2nd November, 2009 are comprehensive and binding on the parties. The 1st Defendant is bound by his sworn statement that only documents from the Office of the Registrar of Companies will be relied upon. Strict adherence to these directions is necessary to avoid unnecessary arguments and delays regarding admissible evidence. The court therefore directed that the parties must comply fully and strictly with the earlier directions to facilitate progress in the matter.
Court Disposition
Directions reaffirmed and parties ordered to comply strictly with previous directions.
Orders
- Parties shall strictly comply with the directions issued by Justice Martha Koome on 2nd November, 2009.
- Defendants are limited to relying only on documents from the Office of the Registrar of Companies as per their sworn affidavit.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI LAW COURTS)
CIVIL CASE 454 OF 2004
BELGO HOLDINGS LIMITED………………...………….PLAINTIFF
VERSUS
ROBERT OTACHI & ANOTHER………....……………DEFENDANT
DIRECTIONS
I am not about to re-invent the wheel.
I note that on 2nd November, 2009 the Honourable Justice Martha Koome, as she then was, gave comprehensive directions on the hearing of this matter. I urge both sides to revisit those directions and abide by them. The nerve centre of those directions is that the 1st Defendant is recorded as having sworn in his replying affidavit that the only documents the Defendant wished to rely on are those from the Office of the Registrar of Companies, and that they do not wish to rely on any other documents. This statement was made under oath in the replying affidavit.
For these reasons, I direct that the directions given by Judge Koome (supra) be observed to the letter. That is the only way by which we can make progress in this matter without engaging in time consuming arguments as to what evidence Counsel should lead. Let the directions given by Judge Koome be obeyed strictly in observance and not in breach.
DATED and DELIVERED at NAIROBI this 19th March, 2012.
L. NJAGI
JUDGE