[2018] KEHC 10253 (KLR)
The court found that the Plaintiff's application to file further documents was meritorious, especially as the Defendant did not oppose the application on factual grounds. The court emphasized the constitutional and statutory principles that justice should not be hindered by procedural technicalities and that parties...
Source-derived case information.
- Citation
- [2018] KEHC 10253 (KLR)
- Parties
- Plaintiff: Peter Fredrick Mbugua; Defendant: Mercantile Life and General Assurance Co. Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 392 of 2003
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application for Leave to File Further Documents
- Outcome
- Application allowed. Plaintiff granted leave to file and serve further documents within 7 days.
- Judges
- MM Kasango
- Legal Topics
- Admission of Evidence, Late Filing of Documents, Fair Hearing Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Fredrick Mbugua
Plaintiff
Mercantile Life and General Assurance Co. Ltd
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Application for Leave to File Further Documents
Legal Issues
- 1 Whether the Plaintiff should be granted leave to file further documents (bank statements and cheque stubs) out of time.
- 2 Whether the Defendant's opposition, limited to grounds of opposition without affidavit or submissions, is sufficient to defeat the application.
- 3 Whether the principles of justice and fair hearing override procedural technicalities in this context.
Ratio Decidendi
The court found that the Plaintiff's application to file further documents was meritorious, especially as the Defendant did not oppose the application on factual grounds. The court emphasized the constitutional and statutory principles that justice should not be hindered by procedural technicalities and that parties are entitled to a fair hearing. The Plaintiff demonstrated that the documents were not previously available and are vital to his case. The court exercised its discretion to allow the Plaintiff to file and serve the further documents within seven days, ensuring that the matter proceeds fairly and justly.
Court Disposition
Application allowed. Plaintiff granted leave to file and serve further documents within 7 days.
Orders
- Plaintiff to file and serve further documents within 7 days from the date of the ruling.
- A further hearing date to be fixed at the reading of the ruling.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL AND TAX DIVION
CIVIL CASE NO 392 OF 2003
PETER FREDRICK MBUGUA.....................................PLAINTIFF
VERSUS
MERCANTILE LIFE AND GENERAL
ASSURANCE CO. LTD.................................................DEFENDANT
RULING
1. The Plaintiff’s case was commenced for trial on 16th May 2017. The Plaintiff testified in chief and cross examined by defence Counsel. At the close of cross examination the Plaintiff applied to step down and to be permitted to produce cheque stabs that had been omitted. The case was adjourned on that day.
2. The Plaintiff has now filed a Notice of Motion dated 10th July 2017, seeking leave to file further documents that is bank statements and stabs out of time. The Application is supported by the Plaintiff’s affidavit where he stated that the documents he seeks to file were not available when the case went to trail and that they are vital to his case.
3. The Defendant filed a ground of opposition to the effect that the Application was an afterthought. The Defendant did not file a Replying Affidavit or submissions.
4. Having considered the Application, which is unopposed on factual basis, and being guided by the constitutional principle that justice should be administered without undue regard to procedural technicalities, and also considering the overriding principle in The Civil procedure Act, I find there is merit in the Application. The Plaintiff is entitled to have a fair hearing.
5. Accordingly, the Plaintiff shall within 7 days from today file and serve further documents in this matter. At the reading of this ruling a further hearing date shall be fixed for this matter which is part heard. Costs of the Notice of Motion dated 10th July 2017, shall be in the cause.
DATED, SIGNED and DELIVERED at NAIROBI this 29th day of November, 2018.
MARY KASANGO
JUDGE
Ruling read and delivered in open court in the presence of:
Court Assistant....................Sophie
........................................... for the Plaintiff
........................................... for the Defendant
MARY KASANGO
JUDGE