[2010] KEHC 2971 (KLR)

[2010] KEHC 2971 (KLR)

The court found that the delay in filing the answer to the petition was not inordinate, considering the respondent's residence outside the jurisdiction and the closure of counsel's office for vacation. The answer to the petition raises triable issues, and the inconvenience caused to the petitioner can be compensated by costs. The court exercised its discretion to allow the respondent to file the answer out of time, emphasizing that justice requires parties to be heard on the merits where triable issues exist, unless the delay is inexcusable or the cause is hopeless. The affidavits deponed by counsel were accepted as they related to routine office matters within the knowledge of counsel....

Citation
[2010] KEHC 2971 (KLR)
Parties
Petitioner: F.M.D; Respondent: N.H
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
12 March 2010
Case Number
Matrimonial Case 150 of 2009
Procedural Posture
Matrimonial Cause / Interlocutory Application for Leave to File Answer Out of Time
Outcome
application allowed
Legal Topics
Matrimonial Proceedings, Extension of Time, Right to Be Heard
Source Language
English
Family and Children Matrimonial Proceedings Extension of Time Right to Be Heard

Case Brief

Summary, issues, holding and outcome

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Parties

F.M.D

Petitioner

N.H

Respondent

Procedural Posture

Matrimonial Cause / Interlocutory Application for Leave to File Answer Out of Time

Legal Issues

  1. 1 Whether the respondent should be granted leave to file an answer to the petition out of time.
  2. 2 Whether affidavits deponed by counsel on routine matters are competent.

Ratio Decidendi

The court found that the delay in filing the answer to the petition was not inordinate, considering the respondent's residence outside the jurisdiction and the closure of counsel's office for vacation. The answer to the petition raises triable issues, and the inconvenience caused to the petitioner can be compensated by costs. The court exercised its discretion to allow the respondent to file the answer out of time, emphasizing that justice requires parties to be heard on the merits where triable issues exist, unless the delay is inexcusable or the cause is hopeless. The affidavits deponed by counsel were accepted as they related to routine office matters within the knowledge of counsel....

Court Disposition

application allowed

Orders

  • The respondent is granted leave to file answer to the petition out of time.
  • The answer to be filed and served within 15 days from the date of the ruling.