[2019] KEHC 8000 (KLR)
The court found that the plaintiff, being unrepresented and unschooled in legal procedure, failed to produce crucial documents during his evidence in chief due to lack of knowledge. The court held that justice would be best served by allowing the plaintiff to reopen his case solely for the purpose of producing the...
Source-derived case information.
- Citation
- [2019] KEHC 8000 (KLR)
- Parties
- Plaintiff: Philip Mulochi Luteya; Defendant: AAR Insurance Kenya Limited
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 12 of 2017
- Procedural Posture
- Civil Suit / Ruling on Application to Reopen Plaintiff's Case
- Outcome
- Application to reopen the plaintiff's case allowed with conditions.
- Judges
- DN Musyoka
- Legal Topics
- Reopening of Case, Production of Documents, Unrepresented Litigant, Cross Examination, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philip Mulochi Luteya
Plaintiff
AAR Insurance Kenya Limited
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Reopen Plaintiff's Case
Legal Issues
- 1 Whether the plaintiff should be allowed to reopen his case to produce documents not previously tendered.
- 2 Whether the defendant would suffer prejudice if the case is reopened.
- 3 Whether costs should be awarded to the defendant for any inconvenience caused.
Ratio Decidendi
The court found that the plaintiff, being unrepresented and unschooled in legal procedure, failed to produce crucial documents during his evidence in chief due to lack of knowledge. The court held that justice would be best served by allowing the plaintiff to reopen his case solely for the purpose of producing the intended documents, subject to cross-examination limited to those documents. The court further determined that the defendant would not suffer undue prejudice, as any inconvenience could be compensated by an award of throwaway costs. The court thus ordered the reopening of the case on these terms, emphasizing the need for equality of arms and fair hearing.
Court Disposition
Application to reopen the plaintiff's case allowed with conditions.
Orders
- The matter shall be re-opened for re-hearing, limited to production of the documents the plaintiff intended to rely on.
- The plaintiff shall be subjected to cross-examination, limited to the documents produced.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CIVIL SUIT NO. 12 OF 2017
PHILIP MULOCHI LUTEYA.............................PLAINTIFF
VERSUS
AAR INSURANCE KENYA LIMITED..........DEFENDANT
RULING
1. The application that I am tasked with determining is dated 10th July 2018. In it the plaintiff seeks to be allowed to reopen his case, to call witnesses and to produce documents. His case is that at the oral hearing of the matter he acted in person. He had documents to produce in support of his case, but he did not produce them as he did not know when he to produce them.
2. The defendant opposes the application. He has filed grounds of opposition. He avers that the application is intended to delay finalization of the matter, it does not raise triable issues, it is not supported by evidence, it does not meet the requirements upon which it is brought and it is an afterthought.
3. Directions were given on 23rd October 2018 that the same be disposed of by way of written submissions. There has been compliance for both sides have filed detailed written submissions complete with authorities. I have perused through them and noted the arguments advanced.
4. I have perused the record herein. I have noted that the matter proceeded on 25th June 2018. The plaintiff was unrepresented, he gave evidence in chief and did not refer to any documents at that stage. He sought to produce the same after he had been cross-examined. The defendant was represnted by counsel.
5. I note from the pleadings that the case by the plaintiff was dependent on documentary evidence. The plaintiff is not an advocate by profession. I presume that he is unschooled on manner of presentation of cases in court, and especially on production of documents.
6. I believe justice would be served if the case is reopened so that he can lay before the court the documents that he relies on to support his case. In matters of this nature courts ought to ensure that there is equality of arms.
7. It has not been demonstrated that the defendant would suffer any prejudice. In any event, the defendant can be compensated in costs for any inconvenience that they no doubt have to suffer.
8. I shall dispose of the application dated 10th July 2018 in the following terms –
(a) That the matter shall be re-opened for re-hearing but the re-hearing shall be limited to production of the documents that the plaintiff intended to rely on;
(b) That the plaintiff shall be subjected to cross-examination, limited to the documents that he shall have produced;
(c) That the plaintiff shall pay to the defendant throwaway costs of Kshs. 10, 000. 00 within fourteen (14) days, in default of which the orders made herein shall abate; and
(d) That dates for the re-hearing shall be given by the court at the delivery of this ruling.
DELIVERED, DATED AND SIGNED AT KAKAMEGA THIS 29thDAY OF April,2019
W MUSYOKA
JUDGE