[2018] KEHC 2423 (KLR)
The court granted leave to appeal, emphasizing that access to appellate review should not be unduly restricted. Regarding the late submissions, the court found that although the defendants filed their submissions out of time without plausible reasons, striking them out would serve no practical purpose since the...
Source-derived case information.
- Citation
- [2018] KEHC 2423 (KLR)
- Parties
- Plaintiff: Spedag Interfreight Kenya Limited; Plaintiff: Spedag Interfreight Tanzania Limited; Defendant: Jyoti Structures Limited; Defendant: Jyoti Structures Kenya Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Case 22 of 2018
- Procedural Posture
- Civil Case / Ruling on Application for Leave to Appeal and Status of Late Submissions
- Outcome
- Leave to appeal granted; late submissions allowed to be considered at hearing.
- Judges
- CA Otieno
- Legal Topics
- Leave to Appeal, Late Filing of Submissions, Court Discretion, Adjournment, Striking Out Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Spedag Interfreight Kenya Limited
Plaintiff
Spedag Interfreight Tanzania Limited
Plaintiff
Jyoti Structures Limited
Defendant
Jyoti Structures Kenya Limited
Defendant
Procedural Posture
Civil Case / Ruling on Application for Leave to Appeal and Status of Late Submissions
Legal Issues
- 1 Whether leave to appeal should be granted to the applicants.
- 2 Whether the late-filed submissions by the defendants should be struck out or allowed.
Ratio Decidendi
The court granted leave to appeal, emphasizing that access to appellate review should not be unduly restricted. Regarding the late submissions, the court found that although the defendants filed their submissions out of time without plausible reasons, striking them out would serve no practical purpose since the defendants could still present their arguments orally. The court exercised its discretion to allow the submissions to be considered during the hearing, prioritizing substantive justice over procedural technicalities.
Court Disposition
Leave to appeal granted; late submissions allowed to be considered at hearing.
Orders
- Leave to appeal is granted to the applicants.
- Proceedings to be typed, certified, and availed to parties upon payment of requisite court fees.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CIVIL CASE NO. 22 OF 2018
SPEDAG INTERFREIGHT KENYA LIMITED..................................1ST PLAINTIFF
SPEDAG INTERFREIGHT TANZANIA LIMITED.........................2ND PLAINTIFF
VERSUS
JYOTI STRUCTURES LIMITED....................................................1ST DEFENDANT
JYOTI STRUCTURES KENYA LIMITED....................................2ND DEFENDANT
R U L I N G
NO. 2
1. There being no objection to the application for leave to appeal and this court proceeding from the standpoint that no party should be shielded from seeking to challenge the decisions of this court on its original jurisdiction, I do grant leave to appeal with an order that the proceedings be typed certified and availed to the parties upon payment of requisite court fees.
2. On the status of the submissions filed by the defendants today and served in court, I am not in doubt that the same were filed out of time without any plausible reasons. That the client wanted and took the documents filed did not stop counsel from making copies for her file and giving a set to the client. That was the provident and reasonable thing to do. Once given one cannot escape the view that the late filling was purely designated to derail the hearing today. Infact one get the impression that the defendant were persuaded that if the court cannot grant an adjournment they would force one upon the court.
3. I agree and believed that any mistake by counsel or a litigant should not be the only reason to deny them a chance to put their case before court. I also appreciate that even if I strike out the submissions, the defendant will have their copy and nothing will stop them from reading those submissions to court. Striking out will serve no meaning purpose. Let the submissions be heard regard of during the hearing if the plaintiff is still purposed to proceeded.
Dated, signed and delivered this 12th day of October 2018.
P J O OTIENO
JUDGE