Sutton Holdings Limited v Nyamunga & 2 others (Environment and Land Case Civil Suit 22 of 2018) [2023] KEELC 802 (KLR) (16 February 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 802
- Citation
- [2023] KEELC 802 (KLR)
- Decided
- 16 February 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for leave to file further list of documents and witness statementsCoramMs, SO OKONG'O
Holding
The court denied the 1st Defendant's application as he did not provide sufficient cause.
Facts
The plaintiff filed a suit seeking a declaration that they are the lawful registered owner of the suit property. The 1st Defendant filed a defence alleging he was the registered owner and that the property was transferred to him in 1990. The 1st Defendant did not file a list of documents or witness statements despite being granted time to do so.
Issues
- Whether the 1st Defendant has established sufficient cause to warrant the exercise of the court's discretionary power to allow the filing of further documents and witness statements.
- Whether the 1st Defendant's excuses for not filing documents and witness statements are reasonable and convincing.
Reasoning
The court found that the 1st Defendant did not provide a good reason or excuse for his failure to file a list of documents and witness statements, and his excuses were neither reasonable nor convincing.
Outcome
Application denied
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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