[2024] KEELC 14037 (KLR)
The court found that the plaintiff had provided sufficient justification for seeking leave to file additional documents, as the documents were recently discovered to be crucial and the hearing had not substantially proceeded. The court noted that no prejudice would be occasioned to the defendants by granting the...
Source-derived case information.
- Citation
- [2024] KEELC 14037 (KLR)
- Parties
- Plaintiff: Abdulrahman Sheikh Hassan (Suing as the special Attorney for Enrico Querciolli); Defendant: Maria Angela De Fabiana; Defendant: The Attorney General; Defendant: Land Registrar Mombasa
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 46 of 2020
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Application for Leave to File Additional Documents
- Outcome
- Application allowed; leave granted to file additional documents; costs to the plaintiff.
- Judges
- FM Njoroge
- Legal Topics
- Leave to File Additional Documents, Case Management, Documentary Evidence, Prejudice to Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdulrahman Sheikh Hassan (Suing as the special Attorney for Enrico Querciolli)
Plaintiff
Maria Angela De Fabiana
Defendant
The Attorney General
Defendant
Land Registrar Mombasa
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Application for Leave to File Additional Documents
Legal Issues
- 1 Whether the plaintiff should be granted leave to file a comprehensive additional list of documents before the hearing and determination of the case.
- 2 Whether granting such leave would occasion prejudice to the defendants.
Ratio Decidendi
The court found that the plaintiff had provided sufficient justification for seeking leave to file additional documents, as the documents were recently discovered to be crucial and the hearing had not substantially proceeded. The court noted that no prejudice would be occasioned to the defendants by granting the application, especially since the earlier disruption in proceedings was due to the state of the plaintiff's document bundle. The court exercised its discretion to allow the application, subject to the plaintiff bearing the costs of the application, and directed the matter to be mentioned for fixing a hearing date.
Court Disposition
Application allowed; leave granted to file additional documents; costs to the plaintiff.
Orders
- The plaintiff is granted leave to file a comprehensive additional list of documents as sought in prayer no 1 of the application dated 25/6/2024.
- The plaintiff shall bear the costs of the application in any event.
Full Case Text
Judgment text and source record
25 paragraphs
Hassan (Suing as the special Attorney for Enrico Querciolli) v Fabiana & 2 others (Environment & Land Case 46 of 2020) [2024] KEELC 14037 (KLR) (18 December 2024) (Ruling)
Neutral citation: [2024] KEELC 14037 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Environment & Land Case 46 of 2020
FM Njoroge, J
December 18, 2024
Between
Abdulrahman Sheikh Hassan (Suing as the special Attorney for Enrico Querciolli)
Plaintiff
and
Maria Angela De Fabiana
1st Defendant
The Attorney General
2nd Defendant
Land Registrar Mombasa
3rd Defendant
Ruling
1. In the application dated 25/6/2024 the plaintiff seeks leave to file a comprehensive additional list of documents encompassing new documents and those already on the record before the case is heard and determined.
2. The grounds upon which the application is made appear at the foot of the motion and in the supporting affidavit sworn by the plaintiff, attached to the motion. They are that recently the plaintiff learnt that crucial documents in the case have not been filed or served and that time for such filing and service has long since passed; that until recently the applicant did not know that the documents were crucial to the case; that the matter has not proceeded to hearing and no prejudice would be occasioned to the defendants.
3. In opposition the 1st defendant filed a replying affidavit dated 19/9/2024. He deponed that the matter already had a hearing date; that the court had ordered that no further documents shall be filed; that the applicant served him a bundle of documents incorporating new documents three months after it was filed on 30/11/2023; that the plaintiff moves sluggishly in the matter and his prayers are unreasonable and ought to be denied.
4. The plaintiff filed a further affidavit dated 2/9/24. Attaching a special power of attorney and documents in Italian language and their translations in English, which he stated will assist the court in the determination of the suit.
5. Both the plaintiff and the 1st defendant filed submissions on the application.
6. I have considered the application, the response and the submissions. On 22/11/2023 when the hearing began it was interrupted by the realization that the bundles of the plaintiff were not in a good state. The court gave leave to the plaintiff to correct the situation and to desist from adding any new documents while filing a new and orderly bundle unless leave was applied therefor and justification given. That is the leave that the plaintiff now seeks. The hearing had not proceeded much on 22/11/2023 when the disorder in the bundle filed by the plaintiff was discovered by the court. I find no prejudice that would be occasioned by the granting of the order sought. I therefore allow the application dated 25/6/2024 in terms of prayer no 1 thereof. The plaintiff shall however bear the costs of the said application in any event. This matter shall be mentioned on 11/2/2025 for the fixing of a hearing date.
RULING DATED, SIGNED AND DELIVERED AT MALINDI VIA ELECTRONIC MAIL ON THIS 18TH DAY OF DECEMBER, 2024. MWANGI NJOROGEJUDGE, ELC MALINDI