[1999] KEHC 142 (KLR)
The court held that affidavits filed without leave, especially those based on lies and rumours, are improper and cannot be allowed to compromise the independence and integrity of the court. The judge emphasized that the court cannot control the utterances or actions of parties outside the trial, but within the...
Source-derived case information.
- Citation
- [1999] KEHC 142 (KLR)
- Parties
- Plaintiff: Tabitha Kasina & Others; Defendant: Francis Kasina & Others; Defendant: Joshua Kasina
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 867 of 1990
- Procedural Posture
- Civil Suit / Interlocutory Order
- Outcome
- Order for expedited hearing; affidavit filed without leave not entertained.
- Legal Topics
- Estate Administration, Affidavit Filing, Judicial Integrity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tabitha Kasina & Others
Plaintiff
Francis Kasina & Others
Defendant
Joshua Kasina
Defendant
Procedural Posture
Civil Suit / Interlocutory Order
Legal Issues
- 1 Whether the affidavit filed by Joshua Kasina without leave of court should be entertained.
- 2 Whether the court's independence and integrity have been compromised by the actions of the parties.
- 3 How to ensure expeditious resolution of the estate dispute.
Ratio Decidendi
The court held that affidavits filed without leave, especially those based on lies and rumours, are improper and cannot be allowed to compromise the independence and integrity of the court. The judge emphasized that the court cannot control the utterances or actions of parties outside the trial, but within the proceedings, the court's authority must be respected. In the absence of any formal application, the court ordered that the hearing of the suit should proceed expeditiously and be finalized on its merits, with hearing dates to be prioritized.
Court Disposition
Order for expedited hearing; affidavit filed without leave not entertained.
Orders
- The hearing of this suit shall proceed and be finalised with speed.
- Further hearing dates to be taken on priority basis.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 867 OF 1990 TABITHA KASINA & OTHERS ......................... PLAINTIFFS VERSUS FRANCIS KASINA & OTHERS ..........................DEFENDANTS O R D E R
The grounds upon which Joshua Kasina, one of the defendants in this case found it necessary to swear and file an affidavit, without leave of this Court, are indeed unfortunate. The independence and integrity of this Court cannot be compromised on account of lies and rumours that have no basis, and are being peddled by litigants. As it has been repeatedly said by this Court, a Judge has no control over the utterances and sometimes even unbecoming actions of parties and their associates unless they are within the trial before the JTuhdigse . has been a long and contentious legal battle involving the Estate of the Late Ex-Senior Chief Kasina Ndoo.
It is in the interest of justice and indeed all the parties involved, that the disputes between the parties should be resolved on their merits sooner than later. In the absence of any application before me, I hereby Order that the hearing of this suit shall proceed and be finalised with speed. Further hearing
dates to be taken on priority basis.
Dated and delivered at Nairobi this 2nd day of March, 1999.
E. OWUOR ................. JUDGE OF APPEAL