[2025] KEHC 8819 (KLR)

[2025] KEHC 8819 (KLR)

The court found that, although the Applicant failed to disclose the exact date she requested the documents from the bank, the interests of justice required that she be allowed to adduce the newly obtained evidence. The court was persuaded that the documents were not available at the time of trial and that their admission would allow for a fair determination of the dispute. To prevent prejudice to the Respondent, the court imposed conditions: the Applicant could only file the specified documents, the case would be reopened solely for their production, the Respondent was granted leave to file further documents in response, and the Applicant was ordered to pay throwaway costs. The court...

Citation
[2025] KEHC 8819 (KLR)
Parties
Plaintiff: IKO; Defendant: JON
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
5 June 2025
Case Number
Civil Suit E088 of 2022
Procedural Posture
Civil Suit / Ruling on Application to Reopen Case for Adducing New Evidence Before Judgment
Outcome
Application allowed with conditions.
Judges
CJ Kendagor
Legal Topics
Matrimonial Property Division, Admission of Additional Evidence, Reopening of Case, Throwaway Costs
Source Language
English
Family and Children Civil Procedure Matrimonial Property Division Admission of Additional Evidence Reopening of Case Throwaway Costs

Case Brief

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Parties

IKO

Plaintiff

JON

Defendant

Procedural Posture

Civil Suit / Ruling on Application to Reopen Case for Adducing New Evidence Before Judgment

Legal Issues

  1. 1 Whether the Applicant has satisfied the criteria for the court to exercise its discretion to re-open the case for purposes of adducing new evidence.

Ratio Decidendi

The court found that, although the Applicant failed to disclose the exact date she requested the documents from the bank, the interests of justice required that she be allowed to adduce the newly obtained evidence. The court was persuaded that the documents were not available at the time of trial and that their admission would allow for a fair determination of the dispute. To prevent prejudice to the Respondent, the court imposed conditions: the Applicant could only file the specified documents, the case would be reopened solely for their production, the Respondent was granted leave to file further documents in response, and the Applicant was ordered to pay throwaway costs. The court...

Court Disposition

Application allowed with conditions.

Orders

  • The Applicant is allowed to file only the Bank statement from Co-operative Bank dated 15th January, 2025 and letter from the National Bank dated 14th January, 2025.
  • The Plaintiff’s case is to be re-opened only for purposes of having PW1 produce the two documents stated above.