[2003] KEHC 797 (KLR)
The court found that the supplementary affidavit was indeed irregularly on record, but since no substantive opposition or reasons were advanced against the application, and given the importance of the information for a fair and just decision, the court exercised its discretion to grant the orders sought. The...
Source-derived case information.
- Citation
- [2003] KEHC 797 (KLR)
- Parties
- Appellant: Zainabu Naiga; Respondent: Valentine Education Ltd.; Respondent: M.A. Jagani Auctioneers
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 175 of 2002
- Procedural Posture
- Civil Appeal / Interlocutory Application for Leave to File Supplementary and Further Affidavits
- Outcome
- Application allowed; supplementary affidavit deemed properly on record; leave granted to file further affidavit; costs to respondent.
- Legal Topics
- Supplementary Affidavit, Further Affidavit, Leave of Court, Procedural Irregularity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zainabu Naiga
Appellant
Valentine Education Ltd.
Respondent
M.A. Jagani Auctioneers
Respondent
Procedural Posture
Civil Appeal / Interlocutory Application for Leave to File Supplementary and Further Affidavits
Legal Issues
- 1 Whether the court should grant leave to file a supplementary affidavit and a further affidavit in the appeal.
- 2 Whether the supplementary affidavit already on record should be regularized despite being filed irregularly.
Ratio Decidendi
The court found that the supplementary affidavit was indeed irregularly on record, but since no substantive opposition or reasons were advanced against the application, and given the importance of the information for a fair and just decision, the court exercised its discretion to grant the orders sought. The supplementary affidavit was deemed properly on record, and leave was granted to file and serve a further affidavit within three days. Costs of the application were awarded to the respondent.
Court Disposition
Application allowed; supplementary affidavit deemed properly on record; leave granted to file further affidavit; costs to respondent.
Orders
- The supplementary affidavit dated 17.11.02 is deemed properly on record.
- Leave is granted to file and serve a further affidavit within 3 days of this ruling.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL APPEAL NO. 175 OF 2002
ZAINABU NAIGA …………………………………………. APPELLANT
- VERSUS -
VALENTINE EDUCATION LTD. )
M.A. JAGANI AUCTIONEERS )……………………… RESPONDENT
R U L I N G
The application by a (summons) dated 29th November 2002 seeks leave to file a supplementary Affidavit sworn on 27. 11. 02 and a Further Affidavit on the grounds that the information therein is crucial in arriving at a fair and just decision.
There was no Replying Affidavit nor grounds of opposition filed but Mr. Gatonye for the Respondent in answer to the same said Supplementary Affidavit was irregularly on record. I have no doubt the Supplementary Affidavit dated 17. 11. 02 is indeed irregularly on record and is what the application seeks to regularize. No reasons have been given against granting such orders. The circumstances, the orders sought are granted. The Supplementary Affidavit shall be deemed as properly on record. A Further Affidavit shall be filed and served within 3 days hereof.
Costs of the application to the Respondent.
Dated at Mombasa this 14th day of February, 2003.
P.M. TUTUI
COMMISSIONER OF ASSIZE