[2024] KEHC 6749 (KLR)
The court found that the defendants failed to comply with the orders issued on 23rd May 2024 for filing documents and witness statements. Only the 2nd defendant partially complied, but did so out of time and without seeking leave for extension. The 1st defendant did not file any documents, citing inability to get...
Source-derived case information.
- Citation
- [2024] KEHC 6749 (KLR)
- Parties
- Plaintiff: Kennedy Odhiambo Owiti t/a Odhiambo Owiti & Company Advocates; Defendant: Dominion Farms Limited; Defendant: Lake Agro Ltd; Defendant: The Registrar General of Companies; Defendant: The Attorney General
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Commercial Case 1 of 2020
- Procedural Posture
- Commercial Case / Ruling on Compliance With Orders for Filing Documents and Witness Statements; Closure of Plaintiff and Defence Cases
- Outcome
- Orders reopening the plaintiff's case and granting leave to defendants to file documents and witness statements vacated; documents filed out of time by 2nd defendant struck out; both plaintiff's and defendants' cases marked as closed; parties to file submissions within seven days; judgment to be delivered on 5th...
- Judges
- RE Aburili
- Legal Topics
- Case Management, Filing of Documents, Witness Statements, Non Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kennedy Odhiambo Owiti t/a Odhiambo Owiti & Company Advocates
Plaintiff
Dominion Farms Limited
Defendant
Lake Agro Ltd
Defendant
The Registrar General of Companies
Defendant
The Attorney General
Defendant
Procedural Posture
Commercial Case / Ruling on Compliance With Orders for Filing Documents and Witness Statements; Closure of Plaintiff and Defence Cases
Legal Issues
- 1 Whether the defendants complied with the court's orders of 23rd May 2024 regarding filing of documents and witness statements.
- 2 Whether the partial or non-compliance by the defendants justified vacating the orders reopening the plaintiff's case and granting leave to file documents.
- 3 Whether documents filed out of time without leave should be struck out.
Ratio Decidendi
The court found that the defendants failed to comply with the orders issued on 23rd May 2024 for filing documents and witness statements. Only the 2nd defendant partially complied, but did so out of time and without seeking leave for extension. The 1st defendant did not file any documents, citing inability to get instructions, while the 3rd and 4th defendants neither filed documents nor provided any explanation. The court held that compliance with its orders must be full and timely, and partial or non-compliance without sufficient cause cannot be condoned. Consequently, the orders reopening the plaintiff's case and granting leave to the defendants to file documents and witness statements...
Court Disposition
Orders reopening the plaintiff's case and granting leave to defendants to file documents and witness statements vacated; documents filed out of time by 2nd defendant struck out; both plaintiff's and defendants' cases marked as closed; parties to file submissions within seven days; judgment to be delivered on 5th...
Orders
- Orders of 23rd May 2024 reopening plaintiff's case and granting leave to defendants to file documents and witness statements are recalled and vacated.
- Documents filed out of time by the 2nd defendant are struck out and expunged from the record.
Full Case Text
Judgment text and source record
31 paragraphs
Kennedy Odhiambo Owiti t/a Odhiambo Owiti & Company Advocates v Dominion Farms Limited & 3 others (Commercial Case 1 of 2020) [2024] KEHC 6749 (KLR) (6 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6749 (KLR)
Republic of Kenya
In the High Court at Kisumu
Commercial Case 1 of 2020
RE Aburili, J
June 6, 2024
Between
Kennedy Odhiambo Owiti t/a Odhiambo Owiti & Company Advocates
Plaintiff
and
Dominion Farms Limited
1st Defendant
Lake Agro Ltd
2nd Defendant
The Registrar General of Companies
3rd Defendant
The Attorney General
4th Defendant
Ruling
1. This is a 2020 case. On 23rd May 2024, the Plaintiff testified and closed his case. The court reopened the case on conditions attached thereto, with timeleines, following the plea by the defendants’counsel, for leave to file documents and witness statements. It is now 14 days since the orders were made.
2. I note that only the 2nd Defendant has partially complied with the conditions for reopening of the plaintiff’s case and has not told this court why the witness statement has not been filed todate. The same applies to the 3rd and 4th Defendants who have not told this court why the witness statements in this 2020 matter has not been filed and served.
3. The court made orders on 23rd May 2024 for compliance and not partial compliance.
4. As there is no reason given for only partial compliance by the 2nd Defendant, no compliance by the 3rd and 4th Defendants and as the 1st Defendant has left it to court, saying that counsel could not get the client for purposes of filing witness statements and documents, I hereby recall and vacate the orders given on 23rd May 2024 reopening the Plaintiff’s suit and granting the Defendants leave to file documents and witness statements.
5. As the 2nd Defendant filed documents out of the 7 days as ordered on 23rd May 2024 and did file them only this morning and has not sought leave of court to enlarge the period for compliance, the documents as filed by the 2nd defendant are struck out and expunged from the record.
6. The orders of 23rd May 2024 which have not been fully complied with have automatically lapsed.
7. The Plaintiff’s case is hereby marked as closed and the defence case is also marked as closed for each defendant.
8. Parties to file submissions in writing within seven (7) days of today.
9. Judgment shall be delivered on 5th August 2024 during the recess.
10. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 6TH DAY OF JUNE, 2024R. E. ABURILIJUDGE