[2019] KEELC 757 (KLR)

[2019] KEELC 757 (KLR)

The court held that all documents filed by the parties without leave of court are to be struck out. The rationale is that procedural rules require parties to seek leave before filing documents outside the prescribed timelines or at a late stage in proceedings. The court emphasized that any party wishing to have such...

Source-derived case information.

Citation
[2019] KEELC 757 (KLR)
Parties
Plaintiff: Kaboyi Merkor; Defendant: Lomuke Pusikwang; Defendant: The County Land Adjudication & Settlement Department, West Pokot County; Defendant: County Land Surveyor, West Pokot County; Defendant: County Land Registrar, West Pokot County; Defendant: The Attorney General
Court
Environment and Land Court
Court Station
Environment and Land Court at Kitale
Jurisdiction
Kenya
Case Number
Environment & Land Case 61 of 2018
Procedural Posture
Land and Property / Ruling on Admissibility of Documents
Outcome
Documents filed without leave struck out; parties may apply for leave to file them.
Judges
FM Njoroge
Legal Topics
Admissibility of Documents, Leave of Court, Land Disputes
Source Language
en
Land and Property Admissibility of Documents Leave of Court Land Disputes

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Summary, issues, holding and outcome

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Parties

Kaboyi Merkor

Plaintiff

Lomuke Pusikwang

Defendant

The County Land Adjudication & Settlement Department, West Pokot County

Defendant

County Land Surveyor, West Pokot County

Defendant

County Land Registrar, West Pokot County

Defendant

The Attorney General

Defendant

Procedural Posture

Land and Property / Ruling on Admissibility of Documents

Legal Issues

  1. 1 Whether documents filed by parties without leave of court should be considered by the court.
  2. 2 Whether parties can seek leave to file documents at a late stage in proceedings.

Ratio Decidendi

The court held that all documents filed by the parties without leave of court are to be struck out. The rationale is that procedural rules require parties to seek leave before filing documents outside the prescribed timelines or at a late stage in proceedings. The court emphasized that any party wishing to have such documents considered must make a formal application for leave, ensuring adherence to due process and procedural fairness. This upholds the integrity of court proceedings and prevents parties from circumventing established procedures.

Court Disposition

Documents filed without leave struck out; parties may apply for leave to file them.

Orders

  • All documents of the parties filed without leave of court are struck out.
  • Parties interested in having the documents considered at this late stage must formally apply for leave to file them.