Parikien Ole Naikuni Oseur v Agricultural Finance Corporation & another [2021] KEELC 3686 (KLR)
- Court
- Environment & Land Court
- Case number
- 3686
- Citation
- [2021] KEELC 3686 (KLR)
- Decided
- 12 April 2021
The letter dated May 27, 2003, marked 'without prejudice,' should not be produced as an exhibit.
Facts
The Plaintiff filed a suit against the 2nd Defendant regarding a land dispute. The 2nd Defendant produced a letter dated May 27, 2003, marked 'without prejudice,' which the Plaintiff objected to as it was marked 'without prejudice.' The Plaintiff claimed it was an admission, while the 2nd Defendant argued it was crucial to the case.
Issues
- Whether the letter dated May 27, 2003, marked 'without prejudice' should be produced as an exhibit herein.
Reasoning
The court ruled that the 'without prejudice' rule does not apply to this case due to the lack of negotiations and the fact that the letter was written before the suit was filed. The court also noted that the letter was not an admission but a warning.
Outcome
The Plaintiff's objection to the production of the letter was upheld.
Authorities cited
Cases cited (3)
- Rush and Tompkins Ltd V Greater London Council (1989) AC 1280
- Ocean Bulk Shipping and Trading SA V TMT Asia Limited and others (2010) UK SC 44
- Ongata Rongai Total Filing Station Ltd V Industrial & Commercial Development Corporation (2009) eKLR
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