Thiongo (Suing as administrator of the Estate of Dedan Thiongo Kingangi (Deceased) v Gicheru & 2 others (Environment & Land Case 1187 of 2015) [2023] KEELC 17051 (KLR) (20 April 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 17051
- Citation
- [2023] KEELC 17051 (KLR)
- Decided
- 20 April 2023
Summary at a glance
TypeLand DisputePostureAppeal from an order granting leave to file a verifying affidavitCoramLN MBUGUA
The application is granted, and the verifying affidavit is to be filed and served within 7 days, with the respondent at liberty to file further submissions thereafter.
Facts
The defendants sought leave to file a verifying affidavit to the statement of defence and counterclaim, claiming it was left out by mistake. The plaintiff opposed the application, arguing it was unfair to introduce a crucial document at this stage of the trial.
Issues
- Whether the defendants' application for leave to file a verifying affidavit should be granted
- Whether the plaintiff's opposition to the application was justified
Reasoning
The substantive pleading is the defence and counterclaim. The document in question is merely to verify the correctness of the averments contained in the pleading.
Outcome
The application is granted.
Orders
- The verifying affidavit is to be filed and served within 7 days
- The respondent is at liberty to file further submissions thereafter
Remedies
- Costs awarded to the plaintiff
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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