[2020] KEHC 3631 (KLR)

[2020] KEHC 3631 (KLR)

The Court found that the Applicant had ample opportunity to file all relevant evidence before the close of pleadings and during the period granted for filing further affidavits. The additional evidence sought to be introduced was in the Applicant's possession or could have been obtained with reasonable diligence....

Source-derived case information.

Citation
[2020] KEHC 3631 (KLR)
Parties
Applicant: FMS; Respondent: MAS
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
5 May 2020
Case Number
Originating Summons 9 of 2018
Procedural Posture
Originating Summons / Ruling on Application to Adduce Additional Evidence
Outcome
application dismissed
Judges
M Thande
Legal Topics
Matrimonial Property, Admission of Evidence, Supplementary Affidavit, Court Discretion, Procedural Timelines
Source Language
english
Family and Children Civil Procedure Matrimonial Property Admission of Evidence Supplementary Affidavit Court Discretion Procedural Timelines

Source-derived case record

Summary, issues, holding and outcome

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Parties

FMS

Applicant

MAS

Respondent

Procedural Posture

Originating Summons / Ruling on Application to Adduce Additional Evidence

Legal Issues

  1. 1 Whether the Applicant should be granted leave to adduce additional documentary evidence after close of pleadings and submissions.
  2. 2 Whether the supplementary affidavit containing new evidence should be admitted at this stage of proceedings.
  3. 3 Whether admitting the additional evidence would prejudice the Respondent or amount to abuse of court process.

Ratio Decidendi

The Court found that the Applicant had ample opportunity to file all relevant evidence before the close of pleadings and during the period granted for filing further affidavits. The additional evidence sought to be introduced was in the Applicant's possession or could have been obtained with reasonable diligence. Allowing the supplementary affidavit after submissions would prejudice the Respondent, disrupt the efficient use of judicial resources, and encourage abuse of process. The proper remedy for alleged new issues in submissions is to request the Court to disregard them, not to introduce new evidence at a late stage. The Court's discretion to admit further evidence must be exercised...

Court Disposition

application dismissed

Orders

  • The application dated 24.4.19 is dismissed.
  • Costs in the cause.