Ndovu Estates Limited v Peter Lemeria Ole Ntutu [2021] KEELC 2267 (KLR)
- Court
- Environment & Land Court
- Case number
- 2267
- Citation
- [2021] KEELC 2267 (KLR)
- Decided
- 23 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for permission to proceed on witness statement not filed with defenceCoramMOHAMED N. KULLOW
Holding
The court directs that the defendant's witness statement, signed by himself, be filed and served within 14 days, and it should not contain anything more than what is contained in the disputed witness statement.
Facts
Defendant filed a statement of defence on 29/5/2017 and a witness statement on 9/7/2019, but not both.
Issues
- Whether the court should proceed with the hearing on the basis of a witness statement not filed with the defence.
- Whether the defendant should have signed his own personal statement instead of a statement of defence.
Reasoning
The defendant had filed both a statement of defence and a witness statement, but not both. The court agrees with the plaintiff's counsel that the defendant should have signed his own personal statement.
Outcome
The court ordered the defendant to file and serve a witness statement signed by himself within 14 days.
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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