[2021] KEELC 2267 (KLR)
The court held that the defendant was required to file a personal witness statement, signed by himself, rather than relying solely on a statement of defence signed by his advocate. The court found the objection by the plaintiff's counsel to be fundamental for the proper conduct of the matter. In the interest of...
Source-derived case information.
- Citation
- [2021] KEELC 2267 (KLR)
- Parties
- Plaintiff: Ndovu Estates Limited; Defendant: Peter Lemeria Ole Ntutu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 105 of 2016
- Procedural Posture
- Land and Property / Interlocutory Ruling on Admissibility of Witness Statement
- Outcome
- interlocutory order granted
- Judges
- MN Kullow
- Legal Topics
- Witness Statements, Filing Requirements, Admissibility of Evidence
- 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
Ndovu Estates Limited
Plaintiff
Peter Lemeria Ole Ntutu
Defendant
Procedural Posture
Land and Property / Interlocutory Ruling on Admissibility of Witness Statement
Legal Issues
- 1 Whether the court should allow the hearing to proceed based on a witness statement not filed together with the defence.
- 2 Whether the defendant must personally sign his witness statement rather than relying solely on a statement of defence signed by counsel.
Ratio Decidendi
The court held that the defendant was required to file a personal witness statement, signed by himself, rather than relying solely on a statement of defence signed by his advocate. The court found the objection by the plaintiff's counsel to be fundamental for the proper conduct of the matter. In the interest of justice, the court directed that the defendant file and serve a witness statement signed by himself within 14 days, and that the statement should not contain anything more than what was in the previously disputed witness statement.
Court Disposition
interlocutory order granted
Orders
- The defendant shall file and serve a witness statement signed by himself within 14 days.
- The new witness statement shall not contain anything more than what is contained in the disputed witness statement.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAROK
ELC CASE NO. 105 OF 2017
FORMERLY NAKURU ELC CAUSE NO. 314 OF 2016
NDOVU ESTATES LIMITED.......................................................PLAINTIFF
-VERSUS-
PETER LEMERIA OLE NTUTU...............................................DEFENDANT
RULING
I have considered the Application by Mr. C.F. Otieno for the Plaintiff with regards to whether the court should proceed with the hearing of the matter on the basis of a witness statement that was not filed together with the defence.
From the record the defendant had filed his statement of defence on 29/5/2017 and later a witness statement was filed on 9/7/2019 and therefore the defendant ought to have produced both the statement of defence and witness statement. Mr Maina counsel for the defendant argued that they had filed a witness statement on behalf of the defendant together with the defendants list of documents and their statements and there exists no rule to have him produced.
I have considered the application by Mr. Otieno counsel for the plaintiff applicant. The objection raised by Mr. Otieno as fundamental to file proper conduct of the matter and I do agree with him that the defendants ought to have signed his own personal statement as opposed to a statement of defence that is ordinarily signed by the advocates acting for the party and in view of the above I direct that in the interest of justice the defendant’s witness statement only signed by himself be filed and served within 14 days. The said statement ought not to contain anything more than that is contained in the disputed witness statement.
It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAROK ON THIS 23RD DAY OF JULY, 2021.
MOHAMED N. KULLOW
JUDGE
23/7/2021
In the presence of: -
CA:Chuma
Mr. Otieno for the plaintiff
Ms Mburu for the defendant