Wilfred Ng’ang’a Ngaruiya v Registered Trustees of Faith Mission Church & 10 others [2020] KEELC 1355 (KLR)
- Court
- Environment & Land Court
- Case number
- 1355
- Citation
- [2020] KEELC 1355 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for leave to file Defence, list of witnesses, list of documents and witness statements out of timeCoramO.A. ANGOTE
Holding
The Application is dismissed with costs.
Facts
The Plaintiff filed the suit in 2015 and engaged two law firms to represent him. The law firms did not file any Defence and the matter was set down for hearing in the absence of the Applicants' Defence. The 5th Defendant deponed that the Defence case is coming up for hearing.
Issues
- Whether the Defendants/Applicants should be granted leave to file their Defence, list of witnesses, list of documents and witness statements out of time.
- Whether the failure to file a Defence is due to the negligence of their advocates and should not be visited on an innocent client.
Reasoning
The Defendants/Applicants have had ample time since 2018 to file their witness statements and documents but have not done so. The Plaintiff has already testified and closed his case, and allowing the Defendants/Applicants to file their statements and documents late would be prejudicial.
Outcome
Application dismissed with costs
Orders
- Application dismissed with costs
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.
Loading judgment…