[2004] KEHC 2430 (KLR)
The court found that although the respondent ought to have annexed all relevant documents with the initial replying affidavit, the interests of justice and clarity warranted granting leave to file a further affidavit. The court exercised its discretion to allow the application for adjournment and permitted both...
Source-derived case information.
- Citation
- [2004] KEHC 2430 (KLR)
- Parties
- Applicant: Okindo Oagare; Respondent: Saul Chweya Nyakundi; Respondent: Samson Asiago Nyakundi
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 183 of 2001
- Procedural Posture
- Succession Cause / Interlocutory Application for Adjournment and Leave to File Further Affidavit
- Outcome
- Application for adjournment and leave to file further affidavit allowed.
- Legal Topics
- Adjournment, Leave to File Affidavit, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Okindo Oagare
Applicant
Saul Chweya Nyakundi
Respondent
Samson Asiago Nyakundi
Respondent
Procedural Posture
Succession Cause / Interlocutory Application for Adjournment and Leave to File Further Affidavit
Legal Issues
- 1 Whether the respondent should be granted leave to file a further affidavit after failing to annex all documents in the initial replying affidavit.
- 2 Whether the application for adjournment should be allowed in the interests of justice.
Ratio Decidendi
The court found that although the respondent ought to have annexed all relevant documents with the initial replying affidavit, the interests of justice and clarity warranted granting leave to file a further affidavit. The court exercised its discretion to allow the application for adjournment and permitted both parties to file further affidavits, ensuring fairness. To balance the inconvenience caused, the respondent was ordered to pay court adjournment fees and costs to the applicant.
Court Disposition
Application for adjournment and leave to file further affidavit allowed.
Orders
- Respondent granted leave to file a further affidavit within 5 days from the date of the ruling.
- Corresponding leave granted to applicant to respond.
Full Case Text
Judgment text and source record
5 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII SUCCESSION CAUSE NO.183 OF 2001 IN THE MATTER OF THE ESTATE OF FILIPO NYAKUNDI ….……… DECEASED AND OKINDO OAGARE …………………………………….………………….. APPLICANT VERSUS SAUL CHWEYA NYAKUNDI ) …………………….............……….. RESPONDENTS SAMSON ASIAGO NYAKUNDI )RULING:
I have considered the application for adjournment and leave to file further affidavit. Indeed the Respondent should have annexed all the documents they wanted when they filed their replying affidavit. However as submitted there is a reference of service in the affidavit though affidavit of service was not filed. I feel it would be fair and just to let the Respondent file the documents for clarity.
I therefore allow application for adjournment. Respondent granted leave to file a further affidavit within 5 days from today’s date. Corresponding leave granted to applicant.
Respondent to pay court adjournment fees and today’s costs of shs.1000/= to the applicant before next hearing date.
KABURU BAUNIJUDGE15/6/04