[2019] KEHC 12146 (KLR)

[2019] KEHC 12146 (KLR)

The court determined that in the interest of justice and fair hearing, both parties should be allowed to file the necessary affidavits. The respondents are granted 14 days to file and serve their replying affidavits, and the applicants are granted leave to file and serve supplementary affidavits within 7 days of...

Source-derived case information.

Citation
[2019] KEHC 12146 (KLR)
Parties
Applicant: The Good Earth Group; Applicant: Jayesh Shanghavi; Respondent: Republic
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Miscellaneous Criminal Application 538 of 2019
Procedural Posture
Miscellaneous Application / Interlocutory Ruling on Affidavits
Outcome
interlocutory orders granted
Legal Topics
Affidavit Filing, Leave to Respond, Criminal Procedure
Source Language
en
Criminal Law Affidavit Filing Leave to Respond Criminal Procedure

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Parties

The Good Earth Group

Applicant

Jayesh Shanghavi

Applicant

Republic

Respondent

Procedural Posture

Miscellaneous Application / Interlocutory Ruling on Affidavits

Legal Issues

  1. 1 Whether the respondents should be granted time to file and serve replying affidavits.
  2. 2 Whether the applicants should be granted leave to file supplementary affidavits in response.

Ratio Decidendi

The court determined that in the interest of justice and fair hearing, both parties should be allowed to file the necessary affidavits. The respondents are granted 14 days to file and serve their replying affidavits, and the applicants are granted leave to file and serve supplementary affidavits within 7 days of service of the replying affidavits. This ensures both sides have a fair opportunity to present their evidence and arguments before the court proceeds to substantive hearing.

Court Disposition

interlocutory orders granted

Orders

  • Respondents are granted 14 days to file and serve respective replying affidavits.
  • Applicants are granted leave to file and serve supplementary affidavit within 7 days of service of the replying affidavits.