Jones Alaka Kimatu v Joseph Kimatu [2017] KEELC 2279 (KLR)
- Court
- Environment & Land Court
- Case number
- 2279
- Citation
- [2017] KEELC 2279 (KLR)
- Decided
- 15 June 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for leave to file supplementary list of documents and recall to lead further evidenceCoramC. YANO
Holding
Allow the Notice of Motion dated 31st October, 2016 in terms of prayers 1 and 2 thereof. Costs of the application shall abide the outcome of the main suit.
Facts
The plaintiff, Jones Alaka Kimatu, sought leave to file a supplementary list of documents and recall to lead further evidence due to documents inadvertently left out at the time of filing suit and during the trial.
Issues
- Whether the plaintiff can file a supplementary list of documents and be recalled to lead further evidence
- Whether the defendant will suffer prejudice if the plaintiff is recalled
Reasoning
The plaintiff explained that the documents were inadvertently left out and the law allows the recall of a witness who has previously testified. The court does not find prejudice to the defendant.
Outcome
Allow the application
Orders
- Grant leave to file a supplementary list of documents
- Grant leave to be recalled to lead further evidence
Authorities cited
Legislation (3)
- Civil Procedure Act
- Civil Procedure Rules
- Evidence Act
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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