Virginia Kathambimaingi v Nicholas Mwatika & 2 others [2021] KEELC 57 (KLR)

Summary at a glance

Facts

The Plaintiff, Virginia Kathambimaingi, objected to the Defendant's Counsel's request to not produce certain documents listed as numbers 15, 16, 17, and 18 as exhibits in the case.

Issues

• Whether the Plaintiff's objection to the Defendant's Counsel's request to not produce certain documents was valid.
• Whether the Defendant's Counsel was estopped from raising objections to the production of the Plaintiff's exhibits at the hearing of the suit.

Reasoning

The court found that the Defendant's Counsel failed to raise her objections on the production of the Plaintiff's exhibits during the pretrial conference and is therefore estopped from raising the objections at the hearing of the suit. The court also noted that the Constitution, the Environment and Land Court Act, the Civil Procedure Act, and the Rules thereunder have inbuilt mechanisms to ensure justice, fairness, expediency, affordability, and proportionality are achieved.

Outcome

The Plaintiff's objection to the Defendant's Counsel's request to not produce certain documents is dismissed with costs to the Plaintiff.

Orders

• The Plaintiff's objection to the Defendant's Counsel's request to not produce certain documents is dismissed with costs to the Plaintiff.

Authorities cited