[2017] KEHC 5827 (KLR)
The court found that although the defendant had been granted 30 days to file an application to amend the defence, the application was not filed within the stipulated period. However, in the interest of expediting the hearing and ensuring fairness, the court directed the defendant to fix the application for hearing...
Source-derived case information.
- Citation
- [2017] KEHC 5827 (KLR)
- Parties
- Plaintiff: Mohamed Ali Salim; Defendant: Stanely Munuve Kithome
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 311 of 2014
- Procedural Posture
- Civil Suit / Interlocutory Ruling
- Outcome
- Application for amendment to be fixed for hearing within 21 days; judge recused self from further conduct of the matter.
- Judges
- LC Komingoi
- Legal Topics
- Amendment of Pleadings, Case Management, Judicial Recusal
- 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
Mohamed Ali Salim
Plaintiff
Stanely Munuve Kithome
Defendant
Procedural Posture
Civil Suit / Interlocutory Ruling
Legal Issues
- 1 Whether the defendant should be granted further time to prosecute the application to amend the defence.
- 2 Whether the court should recuse itself from further handling of the matter.
Ratio Decidendi
The court found that although the defendant had been granted 30 days to file an application to amend the defence, the application was not filed within the stipulated period. However, in the interest of expediting the hearing and ensuring fairness, the court directed the defendant to fix the application for hearing within 21 days. The court further recused itself from further handling of the matter for personal reasons, directing that the case be mentioned before another court of competent jurisdiction.
Court Disposition
Application for amendment to be fixed for hearing within 21 days; judge recused self from further conduct of the matter.
Orders
- The defendant is directed to fix the application to amend the defence within 21 days from the date hereof.
- The matter to be mentioned before another court of competent jurisdiction due to the judge's recusal.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CIVIL SUIT NO.311 OF 2014
MOHAMED ALI SALIM..................................PLAINTIFF/APPLICANT
-VS-
STANELY MUNUVE KITHOME..............DEFENDANT/RESPONDENT
RULING AND/OR DIRECTION
I have perused the court record and find that on 7/11/2016 the counsel for the defendant was given 30 days to file an application to amend the defence. In default the plaintiff was at liberty to set down the suit for hearing. By 9/2/2017 the application to amend defence had not been filed.
The plaintiff set down the suit for hearing on 9/3/2017 when the matter came up for hearing the counsel for the defendant stated that he had filed the application. I have considered the submissions of both counsels. In order to expedite the hearing of the matter the defendant is hereby directed to fix the application to amend the defence within 21 days from the date hereof:
At this point for personal reasons I wish to recluse myself form further handling this matter. A date can be taken before another court of competent jurisdiction.
Orders accordingly
L. KOMINGOI
JUDGE
11/4/2017