John Muikamba Gitau v Trustees Caritas Mariana Holy Family Children’s Home & another [2021] KEELC 2920 (KLR)
- Court
- Environment & Land Court
- Case number
- 2920
- Citation
- [2021] KEELC 2920 (KLR)
- Decided
- 17 June 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeNotice of Motion ApplicationPostureDefendants/Applicants seek leave to file and serve their statement of defence out of time.
Holding
The Court finds and holds that in the interest of justice, the Defendants/Applicants will be allowed to file their Defence.
Facts
The Defendants/Applicants filed a Notice of Motion Application on 23rd June 2020, seeking leave to file their statement of defence out of time. The Plaintiff/Respondent filed a Replying Affidavit opposing the application.
Issues
- Defendants/Applicants' failure to file a statement of defence within the prescribed time
- Whether the Defendants/Applicants should be granted leave to file their statement of defence out of time
Reasoning
The Court exercised its discretion to grant leave to file the Defence, considering the nature of the case, the parties' lack of pre-trial directions, and the possibility of compensating the Plaintiff/Respondent for the delay.
Outcome
The Defendants/Applicants will be allowed to file their Defence.
Orders
- Defendants/Applicants to file and serve their statement of defence and witness statements out of time
Remedies
- Defendants/Applicants to pay costs to the Plaintiff/Respondent
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (2)
- Gerald Mwithia vs Meru College of Technology & Another (2018) eKLR
- Sebel District Administration vs Gasyali & Others (1968) E.A. 300
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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