[2018] KEHC 2450 (KLR)
The court found that the defendants' late filing of submissions and applications directly caused the adjournment of the proceedings. To ensure fairness, the court granted the plaintiffs leave to file a replying affidavit and the defendants corresponding leave to file a further affidavit if necessary. The court...
Source-derived case information.
- Citation
- [2018] KEHC 2450 (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 / Interlocutory Ruling on Adjournment and Costs
- Outcome
- Adjournment granted; costs awarded to plaintiffs; leave granted for filing affidavits.
- Judges
- CA Otieno
- Legal Topics
- Adjournment, Costs Award, Filing of Affidavits
- 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 / Interlocutory Ruling on Adjournment and Costs
Legal Issues
- 1 Whether the defendants' conduct warranted an adjournment of the proceedings.
- 2 Whether the plaintiffs are entitled to costs for the adjourned days.
- 3 Whether leave should be granted for filing replying and further affidavits.
Ratio Decidendi
The court found that the defendants' late filing of submissions and applications directly caused the adjournment of the proceedings. To ensure fairness, the court granted the plaintiffs leave to file a replying affidavit and the defendants corresponding leave to file a further affidavit if necessary. The court emphasized that amendments to pleadings should be made through a formal application. Given that the plaintiffs and the court were inconvenienced for two full days due to the defendants' conduct, the court awarded the costs of both days to the plaintiffs, to be paid by the defendants, as a sanction for causing the adjournment and to compensate for the wasted time and resources.
Court Disposition
Adjournment granted; costs awarded to plaintiffs; leave granted for filing affidavits.
Orders
- The matter is adjourned and stood over to 4/12/2018 for hearing of the three applications on record.
- Leave is granted to the plaintiff to file a replying affidavit to the notice of motion dated 10/10/2018.
Full Case Text
Judgment text and source record
16 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 GNO. 3
1. I have expressed myself on the fear that the defendant had intended to force an adjournment which has now come to pass on account of late serve of submissions, the matter cannot proceed because both court and even the plaintiff may want to read those submissions to be on the same footing with the defendant during highlighting. For that reason this matter is now adjourned and stood over to the 4/12/2018 for hearing of the three applications on record.
2. Leave is granted to the plaintiff to file a Replying Affidavit to the notice of motion dated 10/10/2018 with corresponding leave to the defendant to file a further affidavit if need shall arise.
3. On application to amend, I do agree that it would be appropriate to file a formal application so that one appreciates the nature of amendment sought. On costs, all considered, the matter cannot proceed today as it did not yesterday courtesy of the defendants conduct of filling an application, yesterday and submissions today. The defendants cannot escape the accusation that they have caused the adjournment.
4. I appreciate that parties were before me yesterday for morning and afternoon and as I write this ruling it is some 15 minutes into the afternoon. I award the costs of yesterday and today to the plaintiff to be paid by the defendants in all events. The costs are awarded on the basis of a full day attendance for the two days.
Dated, signed and delivered this 12th day of October 2018.
P.J.O OTIENO
JUDGE