[2018] KEELC 1506 (KLR)
The court found that the application for leave to file supplementary documents was unopposed and that the petitioner had provided sufficient reasons for the delay in obtaining the documents. The court was satisfied that allowing the application would not prejudice the respondents or the interested party and would...
Source-derived case information.
- Citation
- [2018] KEELC 1506 (KLR)
- Parties
- Applicant: Sanamwala Ole Mutua Nkairipiani; Respondent: The County Government of Narok & 4 Others; Respondent: Interested Party
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 265 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to File Supplementary Documents
- Outcome
- application allowed
- Judges
- MN Kullow
- Legal Topics
- Leave to File Additional Documents, Supplementary Evidence, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sanamwala Ole Mutua Nkairipiani
Applicant
The County Government of Narok & 4 Others
Respondent
Interested Party
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to File Supplementary Documents
Legal Issues
- 1 Whether the petitioner should be granted leave to file supplementary documents not included in the original list.
- 2 Whether the filing of additional documents would prejudice the respondents or the interested party.
Ratio Decidendi
The court found that the application for leave to file supplementary documents was unopposed and that the petitioner had provided sufficient reasons for the delay in obtaining the documents. The court was satisfied that allowing the application would not prejudice the respondents or the interested party and would serve the interests of justice. Accordingly, the court exercised its discretion to grant the petitioner leave to file the supplementary documents within 14 days.
Court Disposition
application allowed
Orders
- Leave is granted to the petitioner to file a list of supplementary documents within 14 days.
- Costs in the cause.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAROK
ELC CAUSE NO. 265 OF 2017
FORMERLY KISII ELC NO. 39 OF 2014
SANAMWALA OLE MUTUA NKAIRIPIANI...................................PETITIONER
-VERSUS-
THE COUNTY GOVERNMENT OF NAROK & 4 OTHERS.....RESPONDENTS
RULING
The Application before me is the Petitioner’s Notice of Motion dated 14th June, 2017 in which the petitioner seeks leave of the court to file 4 more documents that were not included in the original list of documents.
The Petitioner has based the said application on the grounds that the fresh documents he wants to file will shed more light on his petition and there production will not cause prejudice to the Respondents and the Interested Party. He further states that there was delay in obtaining the said documents as his confirmation of his grant was not made and that the 4th Respondent had refused to issue an official search certificate and it shall serve the interest of justice if the application is allowed.
The application was supported by the Affidavit of the petitioner on which he expounded on the grounds on which the application was based.
When the application came for hearing before me on 19th September, 2017 I directed the Petitioner to serve the Respondents and having satisfied myself that the Petitioner was served I directed that the Notice of Motion be heard.
Since the application was not opposed by the Respondents and the interested party I will allow the application as prayed and I accordingly grant leave to the petitioner to file list of supplementary documents within 14 days.
Costs in the cause.
DATED, SIGNED and DELIVERED in open court atNAROKon this3rdday ofOctober, 2018.
Mohammed Noor Kullow
Judge
3/10/18
In the presence of:
Ms Lodi Meseiyeki for the petitioners
Ms. Adala holding brief for Kilel for the interested party