[2025] KEHC 7531 (KLR)
The court held that it is unprocedural to introduce new evidence after pleadings and submissions have closed in an application. Allowing such evidence would necessitate reopening the pleadings, granting the respondents time to respond, and ultimately causing delay. The court emphasized that if the ruling of the...
Source-derived case information.
- Citation
- [2025] KEHC 7531 (KLR)
- Parties
- Appellant: Francis Kinyanjui Mburu; Appellant: John Mburu Njugua; Respondent: Herman Angwenyi Kengere; Respondent: Jeremiah Muchendu t/a Icon Auctioneers; Respondent: Jane Muniu t/a Icon Autioneers; Respondent: Motor Scope Auto Garage
- Court
- High Court
- Court Station
- High Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E008 of 2025
- Procedural Posture
- Civil Appeal / Interlocutory Ruling on Admissibility of New Evidence in Amended Motion
- Outcome
- Application to admit new evidence after close of pleadings is declined.
- Judges
- FN Muchemi
- Legal Topics
- Admissibility of Evidence, Procedural Fairness, Late Filing of Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Kinyanjui Mburu
Appellant
John Mburu Njugua
Appellant
Herman Angwenyi Kengere
Respondent
Jeremiah Muchendu t/a Icon Auctioneers
Respondent
Jane Muniu t/a Icon Autioneers
Respondent
Motor Scope Auto Garage
Respondent
Procedural Posture
Civil Appeal / Interlocutory Ruling on Admissibility of New Evidence in Amended Motion
Legal Issues
- 1 Whether it is procedural to introduce new evidence after pleadings and submissions have closed in an amended motion.
- 2 Whether the court should allow further affidavits and documents at a late stage in the proceedings.
Ratio Decidendi
The court held that it is unprocedural to introduce new evidence after pleadings and submissions have closed in an application. Allowing such evidence would necessitate reopening the pleadings, granting the respondents time to respond, and ultimately causing delay. The court emphasized that if the ruling of the Deputy Registrar is relevant, it can refer to the record as the Deputy Registrar acts under the court's authority. Therefore, in the interests of justice and procedural fairness, the court declined to admit the new evidence and directed that the matter proceed to ruling on the Amended Motion as previously scheduled.
Court Disposition
Application to admit new evidence after close of pleadings is declined.
Orders
- No further affidavits or documents to be filed in respect of the Amended Motion dated 27/01/2025.
- The court will proceed to fix a ruling date on the Amended Motion.
Full Case Text
Judgment text and source record
33 paragraphs
Mburu & another v Kengere & 3 others (Civil Appeal E008 of 2025) [2025] KEHC 7531 (KLR) (29 May 2025) (Ruling)
Neutral citation: [2025] KEHC 7531 (KLR)
Republic of Kenya
In the High Court at Thika
Civil Appeal E008 of 2025
FN Muchemi, J
May 29, 2025
Between
Francis Kinyanjui Mburu
1st Appellant
John Mburu Njugua
2nd Appellant
and
Herman Angwenyi Kengere
1st Respondent
Jeremiah Muchendu t/a Icon Auctioneers
2nd Respondent
Jane Muniu t/a Icon Autioneers
3rd Respondent
Motor Scope Auto Garage
4th Respondent
Ruling
1. This matter came for mention on 28/04/2025 to confirm compliance on the Motion dated 27/01/2025. The court during the previous mention date had directed that an Amended Motion be filed and that responses and submissions be filed by the respondents within timelines given thereto.
2. During the mention on 28th April 2005, Mr Makumi for the applicant in the Amended Motion (Amended on 27/01/2025) said he had filed herein a ruling on bill of costs in HC Misc. Application E 008 of 2025 dated 24/03/2025 by the Deputy Registrar (DR) between the parties herein. The ruling was to the effect that the auctioneer who had attached the applicant’s vehicle in execution of the decree was not entitled to costs. He added that the said vehicle was to be released but the respondents had remained adamant regarding such release.
3. The 1st respondent’s counsel Mr. Nganga opposed the application on grounds that it was unprocedural to introduce the ruling of the Deputy Registrar in the pending application before this court through a further affidavit as well as a letter at a late stage whereas the respondents had already filed their response to the Amended Motion as well as submissions.
4. Mr. Mutugi for 2nd respondent supported the objection and added that the application dismissed by the Deputy Registrar was due to want of jurisdiction and not for want of merit.
5. Mr. Makumi asked the court to rule on this issue before giving a ruling date on the Amended Motion dated 27/01/2025.
6. I have considered the issues raised by Mr. Makumi for the applicant and the responses by the respondents’ counsels. It is not in dispute that pleadings in this Amended Motion have closed in that parties have already filed submissions.
7. I am in agreement with the respondents that it is unprocedural to introduce new evidence in the said application. If the new evidence is allowed, this would mean that the respondents would require to respond to the new issues and ought be given time to file responses. In my view, if the parties were to file further responses and submissions on the issue of the new evidence, this would cause delay in this application. Should the court find the ruling in the Misc. application before the Deputy Registrar relevant, it would call for the record which is this court’ record of the Deputy Registrar who works under this court and refer to the ruling. As far as this court is concerned, the Deputy Registrar in his capacity as a taxing officer is part and parcel of this court.
8. As such, I find that it is not in the interests of justice for the parties to open the pleadings in the Amended Motion.
9. The court will proceed to give a ruling date on the Amended Motion.
10. It is hereby so directed.
RULING DELIVERD VIRTUALLY, DATED AND SIGNED AT THIKA THIS 29TH DAY OF MAY 2025. F. MUCHEMIJUDGE