Esther Kamathi Mwimbi v Zaverio Mithika [2017] KEELC 2145 (KLR)
- Court
- Environment & Land Court
- Case number
- 2145
- Citation
- [2017] KEELC 2145 (KLR)
- Decided
- 19 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication to expunge Replying AffidavitPostureApplication to expunge Replying AffidavitCoramHON. L.N. MBUGUA, C:A Janet
Holding
The Replying Affidavit is expunged from the record as it was filed outside the period given by the court and no supporting documents were provided.
Facts
The defendant filed a Replying Affidavit on 19 July 2017, which was outside the period given by the court on 12 June 2017. The defendant claimed to be ailing.
Issues
- Compliance with court's directions regarding the filing of the Replying Affidavit
- Supporting documents for the defendant's claim of being ailing
Reasoning
The court ruled that the defendant's claim of being ailing was not supported by any documents, and the Replying Affidavit was filed beyond the 14 days given by the court.
Outcome
The Replying Affidavit is expunged from the record.
Orders
- The Replying Affidavit of 19 July 2017 is expunged from the record.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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