[2025] KEHC 4992 (KLR)

[2025] KEHC 4992 (KLR)

The High Court held that while the respondents did commit procedural lapses by filing their defences out of time and, in some cases, filing notices of appointment instead of memoranda of appearance, these lapses were not fatal to their case. The trial court properly exercised its discretion in accommodating the defences, as the lapses were curable and did not prejudice the appellant. The court emphasized that the modern approach, as reflected in Article 159(2)(d) of the Constitution and the oxygen principle, is to focus on substantive justice rather than technicalities. Striking out pleadings is a drastic measure reserved for exceptional cases, and parties should not be denied a hearing...

Citation
[2025] KEHC 4992 (KLR)
Parties
Appellant: Fr. Jacob Olubeba Ogonda; Respondent: Bishop Benjamin Maina; Respondent: Father Isaack Otieno; Respondent: Edward Ogoma; Respondent: Samuel Oduma; Respondent: James Orengo
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Judgment Date
25 April 2025
Case Number
Civil Appeal E042 of 2024
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeal dismissed.
Judges
WM Musyoka
Legal Topics
Striking Out of Pleadings, Summary Judgment, Procedural Lapses, Right to Be Heard
Source Language
English
Civil Procedure Striking Out of Pleadings Summary Judgment Procedural Lapses Right to Be Heard

Case Brief

Summary, issues, holding and outcome

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Parties

Fr. Jacob Olubeba Ogonda

Appellant

Bishop Benjamin Maina

Respondent

Father Isaack Otieno

Respondent

Edward Ogoma

Respondent

Samuel Oduma

Respondent

James Orengo

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the trial court erred in refusing to strike out the respondents. defence and enter summary judgment for the appellant.
  2. 2 Whether procedural lapses such as late filing of defence without leave are fatal to pleadings.
  3. 3 Whether the trial court properly exercised its discretion in accommodating the respondents. defences despite procedural irregularities.

Ratio Decidendi

The High Court held that while the respondents did commit procedural lapses by filing their defences out of time and, in some cases, filing notices of appointment instead of memoranda of appearance, these lapses were not fatal to their case. The trial court properly exercised its discretion in accommodating the defences, as the lapses were curable and did not prejudice the appellant. The court emphasized that the modern approach, as reflected in Article 159(2)(d) of the Constitution and the oxygen principle, is to focus on substantive justice rather than technicalities. Striking out pleadings is a drastic measure reserved for exceptional cases, and parties should not be denied a hearing...

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed for lack of merit.
  • Each party shall bear their own costs.