Amit Aggarwal v National Bank of Kenya Ltd [2020] KEELC 3579 (KLR)
- Court
- Environment & Land Court
- Case number
- 3579
- Citation
- [2020] KEELC 3579 (KLR)
- Decided
- 10 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks leave to file defence, counterclaim, and witness statements out of time.CoramMWANGI NJOROGE
Holding
The court grants the defendant's application for leave to file defence, counterclaim, and witness statements.
Facts
The case was filed on 14/12/2015, and the defendant filed a memorandum of appearance and a replying affidavit on behalf of their client on 29/12/2015 and 17/2/2016, respectively. The defendant filed extensive submissions and a consent on 23/3/2016 and 8/2/2016, settling the application.
Issues
- Whether the court should grant leave for the defendant to file defence, counterclaim, and witness statements at this stage.
- Whether the defendant's delay in filing the application was inordinate.
Reasoning
The court finds that the defendant has shown sufficient cause to exercise its discretion in favor of granting the application, citing various legal principles and precedents.
Outcome
Granting of leave to file defence, counterclaim, and witness statements.
Orders
- Leave granted to file defence, counterclaim, and witness statements out of time.
Authorities cited
Legislation (3)
- Civil Procedure Rules 2010
- Civil Procedure Act
- Constitution of Kenya
Cases cited (5)
- Nicholas Kiptoo arap Korir Salat v Independent Electoral and Boundaries Commission & Others [2012] eKLR
- Makondo Primary School & Another v Uganda National Examination Board HC Misc. Appl. No. 18 of 2010
- Joseph Ouma Oditi v Jane Kisaka Mung’ao [2018] eKLR
- Wachira Karani v Bildad Wachira [2016] eKLR
- Cecilia Karuru Ngaiyu v Barclays Bank of Kenya & Another [2016] eKLR
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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