Catherine Kiende M’Itonga v Lawrence Mbiti Rutere [2021] KEELC 2514 (KLR)
- Court
- Environment & Land Court
- Case number
- 2514
- Citation
- [2021] KEELC 2514 (KLR)
- Decided
- 21 July 2021
The application is dismissed with costs to the defendant, and the plaintiff is directed to file her submissions within 7 days of this ruling.
Facts
The plaintiff filed an application on March 8, 2021, seeking to reopen her case after the matter was closed on October 14, 2020. The plaintiff claimed her last witness was not led by her advocate and the defendant was not sufficiently cross-examined. The defendant opposed the application, stating the plaintiff had already filed her submissions and was seeking to delay the finalization of the case.
Issues
- Whether the plaintiff has satisfied the criteria to re-open the case
- Whether the application was made after inordinate delay
Reasoning
The court found no merit in the application due to inordinate delay and the plaintiff's casual conduct. The court also noted that the plaintiff's last witness was not led by her advocate and the defendant was not sufficiently cross-examined.
Outcome
Dismissed with costs to the defendant
Orders
- Plaintiff is directed to file her submissions within 7 days of this ruling
- Judgment shall thereafter be delivered on notice
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