The Liquidator for Mukungugu Farmers Cooperative Society v Gathua & 5 others (Environment & Land Case 26 of 2020) [2022] KEELC 13645 (KLR) (17 October 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 13645
- Citation
- [2022] KEELC 13645 (KLR)
- Decided
- 17 October 2022
The court upholds the objection and strikes out the plaintiff's further list of documents dated May 10, 2022 and the attached bundle. The hearing will proceed with only the documents that were on the record as at March 1, 2022.
Facts
The plaintiff, the Liquidator for Mukungugu Farmers Cooperative Society, filed further documents on May 11, 2022, which were objected to by the defendant's legal representative, Ms Mbeche. The plaintiff intended to rely on the entire bundle of documents filed on May 11, 2022.
Issues
- Whether the documents filed by the plaintiff on May 11, 2022 were properly filed and served
- Whether the plaintiff's intention to rely on the entire bundle of documents filed on May 11, 2022 is valid
Reasoning
The court emphasized the importance of following court rules and timelines, and that documents filed without leave of court are not properly on the record. The court also noted the plaintiff's long preparation time and the inconvenience to the defendants.
Outcome
The plaintiff's further list of documents dated May 10, 2022 and the attached bundle are struck out, and the hearing will proceed with only the documents that were on the record as at March 1, 2022.
Orders
- Striking out the plaintiff's further list of documents dated May 10, 2022 and the attached bundle
- Ordering the plaintiff and the defendants to proceed with the hearing as scheduled with only the documents that were on the record as at March 1, 2022
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