[2025] KEHC 3104 (KLR)
The court exercised its discretion to grant the defendants leave to file their defence out of time, noting that there was no objection from the plaintiffs and that the interests of justice would be served by allowing the parties to ventilate their respective cases. The court further referred the matter to court...
Source-derived case information.
- Citation
- [2025] KEHC 3104 (KLR)
- Parties
- Plaintiff: Erick Bada Mwambi; Plaintiff: Makeo Wilfred James Kidola; Plaintiff: Eric Alfred Juma Luge (Suing In A Representative Capacity For 33 Other Members); Defendant: Sagalla Ranchers Limited; Defendant: Eliud Timothy Mwamunga; Defendant: Ronald Mwanyama; Defendant: Clorent Mwacharo; Defendant: Amos Nyatta; Defendant: Raphael Lewela Mbinga; Defendant: Edwin Mwakaya; Defendant: Wilmot Mwadilo; Defendant: Registrar of Companies
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 4 of 2016
- Procedural Posture
- Civil Suit / Ruling on Extension of Time to File Defence and Referral to Mediation
- Outcome
- Application for extension of time to file defence allowed; matter referred to court annexed mediation.
- Judges
- AN Ongeri
- Legal Topics
- Extension of Time, Filing of Defence, Court Annexed Mediation, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Erick Bada Mwambi
Plaintiff
Makeo Wilfred James Kidola
Plaintiff
Eric Alfred Juma Luge (Suing In A Representative Capacity For 33 Other Members)
Plaintiff
Sagalla Ranchers Limited
Defendant
Eliud Timothy Mwamunga
Defendant
Ronald Mwanyama
Defendant
Clorent Mwacharo
Defendant
Amos Nyatta
Defendant
Raphael Lewela Mbinga
Defendant
Edwin Mwakaya
Defendant
Wilmot Mwadilo
Defendant
Registrar of Companies
Defendant
Procedural Posture
Civil Suit / Ruling on Extension of Time to File Defence and Referral to Mediation
Legal Issues
- 1 Whether the defendants should be granted leave to file their defence out of time.
- 2 Whether the matter should be referred to court annexed mediation.
Ratio Decidendi
The court exercised its discretion to grant the defendants leave to file their defence out of time, noting that there was no objection from the plaintiffs and that the interests of justice would be served by allowing the parties to ventilate their respective cases. The court further referred the matter to court annexed mediation, in line with the policy of encouraging alternative dispute resolution and efficient case management. The court made clear that, should mediation fail, the matter would proceed to hearing on a scheduled date.
Court Disposition
Application for extension of time to file defence allowed; matter referred to court annexed mediation.
Orders
- Defendants granted 15 days to file their defence out of time.
- Plaintiffs and defendants granted leave to file reply to defence within 15 days thereafter if necessary.
Full Case Text
Judgment text and source record
39 paragraphs
Mwambi & 2 others v Sagalla Ranchers Limited & 8 others (Civil Suit 4 of 2016) [2025] KEHC 3104 (KLR) (5 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3104 (KLR)
Republic of Kenya
In the High Court at Voi
Civil Suit 4 of 2016
AN Ongeri, J
March 5, 2025
Between
Erick Bada Mwambi
1st Plaintiff
Makeo Wilfred James Kidola
2nd Plaintiff
Eric Alfred Juma Luge (Suing In A Representative Capacity For 33 Other Members)
3rd Plaintiff
and
Sagalla Ranchers Limited
1st Defendant
Eliud Timothy Mwamunga
2nd Defendant
Ronald Mwanyama
3rd Defendant
Clorent Mwacharo
4th Defendant
Amos Nyatta
5th Defendant
Raphael Lewela Mbinga
6th Defendant
Edwin Mwakaya
7th Defendant
Wilmot Mwadilo
8th Defendant
Registrar of Companies
9th Defendant
Ruling
1. The Defendant is granted 15 days to file their defence and leave is granted to file the same out of time.
2. Thereafter the Plaintiff and the Defendants are granted leave to file their reply to the defence within 15 days if need be.
3. In the meantime, this case is referred to the Court Annexed Mediation registry for screening for purposes of being placed before the Court Annexed Mediation.
4. In the unlikely event that the case will not be resolved at mediation, the hearing will proceed on 19th May 2025 in open court at Voi.
DATED, SIGNED AND DELIVERED THIS 5TH DAY OF MARCH 2025 IN OPEN COURT AT VOI.ASENATH ONGERIJUDGEIn the presence of:-Court Assistants: Maina/MillicentMr. Kabebe for PlaitniffMr. Kurgat for the 1st, 3rd, 4th, 5th and 6th Defendants