Chairman, Secretary and Treasurer, School Management Committee of Sir Ali Bin Salim Primary School & another v Francis Bahati Diwani & 2 others [2014] KEELC 397 (KLR)
- Court
- Environment & Land Court
- Case number
- 397
- Citation
- [2014] KEELC 397 (KLR)
- Decided
- 9 May 2014
The court finds and holds that the Preliminary Objection should not be allowed, as the filing of the defence outside the prescribed period does not cause injustice or prejudice to the Plaintiffs.
Facts
The Plaintiff filed a suit against the Defendants for recovery of land. The Defendants filed their defence after the 14-day period stipulated by the Civil Procedure Rules.
Issues
- What happens to a defence filed after the 14-day period in unliquidated claims?
- Can such a defence be struck out so that the claim proceeds as if it is undefended?
Reasoning
The court considers the Rules themselves allow the court to enlarge time where a limited time has been fixed for doing any act or taking any proceedings under the Rules. The court emphasizes the overriding objective set out in the Civil Procedure Rules and Article 159 of the Constitution, which should be considered before striking out a pleading.
Outcome
The Preliminary Objection is dismissed.
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (2)
- NICHOLAS KINTO ARAP KORIR SALAT -Vs- INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSIONS & OTHERS (2013) e KLR
- Welcome Properties Vs Karuga (2001) KLR 402
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