[2016] KEHC 5507 (KLR)
The court declined to grant the orders for summoning the deponents for cross-examination because neither party complied with the court's directive to file written grounds or reasons within the stipulated deadline. The only attempt to file submissions was made out of time and without leave of court, and the court had...
Source-derived case information.
- Citation
- [2016] KEHC 5507 (KLR)
- Parties
- Applicant: Rustam Hira Advocate; Respondent: Orient Bank formerly Delphis Bank
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 197 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Applications
- Outcome
- applications for summoning deponents for cross-examination denied
- Judges
- JK Sergon
- Legal Topics
- Affidavit Cross Examination, Summons for Witnesses, Timeliness of Filings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rustam Hira Advocate
Applicant
Orient Bank formerly Delphis Bank
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Applications
Legal Issues
- 1 Whether the court should summon Wilfred Kenneth Machini and Rustam Hira for cross-examination on their affidavits.
- 2 Whether failure to file written grounds within the court's deadline precludes consideration of the applications.
Ratio Decidendi
The court declined to grant the orders for summoning the deponents for cross-examination because neither party complied with the court's directive to file written grounds or reasons within the stipulated deadline. The only attempt to file submissions was made out of time and without leave of court, and the court had emphasized that time was of the essence. As a result, the court exercised its discretion to deny the applications and expunged the late submissions from the record, reinforcing the importance of adherence to procedural timelines in interlocutory applications.
Court Disposition
applications for summoning deponents for cross-examination denied
Orders
- No order is issued summoning Rustam Hira or Wilfred Kenneth Machini for cross-examination.
- Written submissions filed out of time are expunged from the record.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
HIGH COURT CIVIL MISC. APPLI. NO. 197 OF 2005
RUSTAM HIRA ADVOCATE................................................ APPLICANT
-V E R S U S –
ORIENT BANK FORMERLY DELPHIS BANK.....CLIENT/RESPONDENT
RULING
This ruling is the outcome of two oral applications in which the parties have sought for orders to issue summoning the deponents of two different affidavits. Mr. Were learned advocate for the respondent has beseeched this court to issue an order to summon Wilfred Kenneth Machini to take the witness stand to be cross-examined on the contents of his further affidavit sworn on 5. 4.2015. Mr. Kihara on the other hand has urged this court to also summon Mr. Rustam Hira to be cross-examined on the contents of the affidavit he swore on 24th March 2016. This court directed learned counsels to provide written grounds and or reasons to support their requests before close of business on 8. 4.2016. None of them met the dateline in filing the aforesaid reasons. The only party who attempted to do so, was the firm of Gichuki King’ara & Co. Advocates for the applicant. However, the written submissions were filed out of time and without prior leave of court. This court had indicated that tie was of essence hence the strict timelines provided.
For the above reason I will not consider the reasons supplied late but have the same expunged from record.
At the close of business as of 8. 4.2016, both sides had not supplied to this court the grounds and or reasons to enable it exercise its discretion in their favour. Consequently I decline to issue any order summoning Messrs Rustam Hira and Wilfred Kenneth Machini for cross-examination.
Dated, Signed and Delivered in open court this 13th day of April, 2016
J. K. SERGON
JUDGE
In the presence of:
...................... for the Applicant
.................. for the Respondent