[2023] KEELC 17477 (KLR)
The court found that the defendant's witness statements and documents were already contained in their bundle dated May 30, 2019, and that the only listed witness, Joseph James Okano, had already testified. The issue of production of further documents had already been addressed in a prior ruling on April 25, 2023. As...
Source-derived case information.
- Citation
- [2023] KEELC 17477 (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 Application to Call Additional Witnesses and File Further Documents
- Outcome
- Application for leave to call additional witnesses and file further documents is declined. Defence case stands closed.
- Judges
- LN Mbugua
- Legal Topics
- Adducing Additional Evidence, Leave to File Documents, Trial Bundle Management, Closure of Defence Case
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Leebarn Builders Limited
Plaintiff
Kenya Bankers’ Savings and Credit Co-operative Society Limited
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application to Call Additional Witnesses and File Further Documents
Legal Issues
- 1 Whether the defendant should be allowed to call additional witnesses after closure of their case.
- 2 Whether the defendant should be granted leave to file a formal application to avail more documents.
- 3 Whether the plaintiff's earlier admission of documents justifies similar leave for the defendant.
Ratio Decidendi
The court found that the defendant's witness statements and documents were already contained in their bundle dated May 30, 2019, and that the only listed witness, Joseph James Okano, had already testified. The issue of production of further documents had already been addressed in a prior ruling on April 25, 2023. As such, the defence case was deemed closed, and there was no basis to grant leave for additional witnesses or documents. The court further held that the defence did not require leave to file any application they wished, but declined to give any orders regarding the filing of proposed formal applications.
Court Disposition
Application for leave to call additional witnesses and file further documents is declined. Defence case stands closed.
Orders
- Defendant's application to call additional witnesses is declined.
- Defendant's application for leave to file further documents is declined.
Full Case Text
Judgment text and source record
20 paragraphs
Leebarn Builders Limited v Kenya Bankers’ Savings and Credit Co-operative Society Limited (Environment & Land Case 371 of 2012) [2023] KEELC 17477 (KLR) (11 May 2023) (Ruling)
Neutral citation: [2023] KEELC 17477 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 371 of 2012
LN Mbugua, J
May 11, 2023
Between
Leebarn Builders Limited
Plaintiff
and
Kenya Bankers’ Savings and Credit Co-operative Society Limited
Defendant
Ruling
1. On April 25, 2023 after DW1 had testified and was cross examined, defence counsel made an application to be allowed to bring in additional witnesses, they also seek leave to bring in a formal application to avail more documents. They argue that plaintiffs had been allowed to bring in more documents which ought to be expunged.
2. The application was opposed by plaintiffs counsel who averred that all along, they were expecting the defendant to rely on their Trial Bundle dated May 30, 2022. That it was only after the cross examination of their witness that the defence are now coming up with the applications to avail more documents and witnesses hence their application is an after thought.
3. I have considered all the arguments raised herein.
4. I find that the issue of production of more documents by the defendants did crop up on April 25, 2023 and the court rendered a ruling thereof on same date. Thus I need not rehash the contents of the said ruling save to emphasize that defendant’s witness statements and documents are contained in their bundle dated May 30, 2019. The only witness listed at page 1 of the said bundle is one Joseph James Okano who has already testified. That being the case, then the defence case stands as closed.
5. The defence doesn’t require leave of this court to file any application they desire to bring forth. As such, the court declines to give any orders on the filing of any proposed formal applications.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 11TH DAY OF MAY, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of;Koki Mbulu for PlaintiffOdhiambo for DefendantCourt Assistant: Eddel