Sigma Feeds Limited v Mertcourt Hostels Limited (Environment and Land Case 420 of 2008 & 740 of 2011 (Consolidated)) [2025] KEELC 5723 (KLR) (31 July 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 5723
- Citation
- [2025] KEELC 5723 (KLR)
- Decided
- 31 July 2025
Summary at a glance
TypeCivilPostureApplication for leave to file and adopt further expert witness statementCoramAA OMOLLO
The application is dismissed with costs.
Facts
The Plaintiffs filed an expert witness statement, and the Defendants called their own expert witnesses. The Plaintiffs then sought leave to file a further expert witness statement after the Defendants had closed their case.
Issues
- Whether the Plaintiffs have the right to file a further expert witness statement after the Defendants have closed their case.
- Whether the Plaintiffs' application is an abuse of the court process.
Reasoning
The court found that the Plaintiffs' application was brought too late and was intended to fill gaps in their case. The Plaintiffs were not entitled to file a further expert witness statement after the Defendants had closed their case.
Outcome
Application dismissed
Authorities cited
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