Richard Toroitich v Mike K Lelmet & 3 others [2018] KEELC 3870 (KLR)
- Court
- Environment & Land Court
- Case number
- 3870
- Citation
- [2018] KEELC 3870 (KLR)
- Decided
- 1 February 2018
The application is granted in terms of prayer 1 and 2 thereof. The documents mentioned therein having been served in advance, the defendants are granted leave to respond to such documents as may be appropriate but subject to this court's supervision. The plaintiff shall meet the costs of this application.
Facts
The plaintiff filed a land case against the defendants, seeking to file and serve further documents and witnesses due to mislaid files and ailing witnesses. The plaintiff also cited legal provisions and the overriding objective of the Environment and Land Court Act.
Issues
- Whether the plaintiff's application for leave to file and serve further documents and witnesses is competent
- Whether the application is an abuse of the court process
Reasoning
The court sympathizes with the defendant's concerns but grants the application due to the plaintiff's disclosure of new documents and witnesses aiding substantive justice.
Outcome
Granted
Orders
- Leave granted to file and serve further documents and witnesses
- Leave granted to respond to documents as appropriate
Remedies
- Costs awarded to the plaintiff
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Environment and Land Court Act (Act No. 19 of 2011)
Cases cited (1)
- Copper -vs- Smith 1884 26 CHD 700
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