[2021] KEHC 12958 (KLR)
The court exercised its discretion to allow the plaintiff to substitute its witness statement and file a supplementary bundle of documents, noting that the application was unopposed and consented to by the defendant. The court further granted the defendant corresponding leave to file supplementary witness statements...
Source-derived case information.
- Citation
- [2021] KEHC 12958 (KLR)
- Parties
- Plaintiff: Philips Pharmaceutical Limited; Defendant: DHL Global Forwarding (K) Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 356 of 2017
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application
- Outcome
- Application allowed by consent; procedural directions issued.
- Legal Topics
- Witness Statement Substitution, Leave to File Documents, Case Management, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Philips Pharmaceutical Limited
Plaintiff
DHL Global Forwarding (K) Limited
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the plaintiff should be granted leave to substitute its witness statement.
- 2 Whether the plaintiff should be allowed to file and serve a supplementary bundle of documents.
- 3 Whether the defendant should be granted corresponding leave to file supplementary statements and documents.
Ratio Decidendi
The court exercised its discretion to allow the plaintiff to substitute its witness statement and file a supplementary bundle of documents, noting that the application was unopposed and consented to by the defendant. The court further granted the defendant corresponding leave to file supplementary witness statements and documents if necessary, to ensure procedural fairness and compliance with case management requirements. No order as to costs was made, reflecting the consensual nature of the application and the absence of opposition.
Court Disposition
Application allowed by consent; procedural directions issued.
Orders
- Plaintiff granted leave to substitute the witness statement of John Wanyoike with that of Daniel Ngure.
- Plaintiff granted leave to file and serve a bundle of documents within 7 days.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
COMMERCIAL AND TAX DIVISION
CIVIL CASE NO. 356 OF 2017
PHILIPS PHAMACEUTICAL LIMITED............................PLAINTIFF
VERSUS
DHL GLOBAL FORWARDING (K) LIMITED...............DEFENDANT
RULING
The Plaintiff’s Notice of Motion application dated 11th November, 2020 is by consent allowed on the following grounds.
1. The Plaintiff is granted leave to substitute the witness statement of John Wanyoike dated 29/8/2017 with that of Daniel Ngure dated 27/10/2020.
2. The Plaintiff is granted leave to file and serve a bundle of documents within 7 days.
3. The Defendant is granted corresponding leave to file Supplementary Witness Statement(s) and a Supplementary Bundle of Documents, if need be, within 21 days of service of the Plaintiff’s Supplementary Witness Statement and bundle of documents by the Plaintiff.
4. Parties will appear before the Hon. Deputy Registrar to confirm compliance with Case Management Conference on 6/7/2021 and referral to court to take a hearing date.
5. No orders as to costs of the application.
DATED AND DELIVERED AT NAIROBI THIS 11TH MAY, 2021
G.W.NGENYE-MACHARIA
JUDGE
In the presence of:
1. Mr. Ogutu for the Plaintiff/Applicant
2. Mr. Mito h/b for Inamdar for the Defendant/Respondent