[2023] KEELC 17142 (KLR)
The court held that the defence's attempt to introduce additional documents after the close of the plaintiff's case, and without seeking leave of court, was irregular and unacceptable. The court emphasized that proper case management and procedural fairness require all parties to disclose and rely on their evidence...
Source-derived case information.
- Citation
- [2023] KEELC 17142 (KLR)
- Parties
- Plaintiff: Leebarn Builders Limited; Defendant: Kenya Bankers’ Savings and Credit Co-operative Society Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 371 of 2012
- Procedural Posture
- Environment and Land Case / Ruling on Admissibility of Documents During Trial
- Outcome
- Defence documents listed on February 22, 2023 expunged from the record.
- Judges
- LN Mbugua
- Legal Topics
- Admissibility of Evidence, Case Management, Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Leebarn Builders Limited
Plaintiff
Kenya Bankers’ Savings and Credit Co-operative Society Limited
Defendant
Procedural Posture
Environment and Land Case / Ruling on Admissibility of Documents During Trial
Legal Issues
- 1 Whether the defence can introduce additional documents after the plaintiff's case has closed without leave of court.
- 2 Whether documents filed by the defence on February 22, 2023 should be admitted into the record.
Ratio Decidendi
The court held that the defence's attempt to introduce additional documents after the close of the plaintiff's case, and without seeking leave of court, was irregular and unacceptable. The court emphasized that proper case management and procedural fairness require all parties to disclose and rely on their evidence at the appropriate stage, and any deviation from this process must be sanctioned by the court. Since the defence did not seek or obtain leave to file further documents, the documents listed on February 22, 2023 were expunged from the record. The court relied on the Supreme Court's guidance in Dande & 3 others v DPP & 2 others, reinforcing the principle that procedural rules...
Court Disposition
Defence documents listed on February 22, 2023 expunged from the record.
Orders
- The documents allegedly availed by defence in a list dated February 22, 2023 are hereby expunged from the record.
Full Case Text
Judgment text and source record
18 paragraphs
Leebarn Builders Limited v Kenya Bankers’ Savings and Credit Co-operative Society Limited (Environment & Land Case 371 of 2012) [2023] KEELC 17142 (KLR) (25 April 2023) (Ruling)
Neutral citation: [2023] KEELC 17142 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 371 of 2012
LN Mbugua, J
April 25, 2023
Between
Leebarn Builders Limited
Plaintiff
and
Kenya Bankers’ Savings and Credit Co-operative Society Limited
Defendant
Ruling
1. I have perused the record. I find that on July 18, 2022 when the actual trial commenced, I undertook a case management exercise whereby advocates for the parties were required to identify their pleadings, their witness statements and documentary evidence. Counsel for defence had indicated that they would rely on their Trial Bundle dated May 30, 2022. With that, the plaintiffs case commenced, eventually being closed on December 6, 2022.
2. The defence case commenced on January 24, 2023 and defence counsel reiterated that they would rely on their Trial Bundle dated May 30, 2022. At no time during these dates or thereafter did the defence seek leave to adduce more documents. The introduction of more documents without leave and when the case of the plaintiff has been closed is irregular and unacceptable. See the Supreme Court decision in Dande & 3 others v DPP & 2 others (Petition 4 E005 of 2022) KESC 23 KLR (Civ) May 2022 Ruling.
3. In the circumstances the documents allegedly availed by defence in a list dated February 22, 2023 are hereby expunged from the record
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 25THDAY OF APRIL, 2023 THROUGH MICROSOFT TEAMS.LUCY N MBUGUAJUDGEIn the presence of:-M/s Koki Mbulu for PlaintiffOdhiambo for DefendantDirector of Plaintiff (Mohamud)Joseph James Okalo (Defendant)Court assistant: Vanilla