REGISTERED TRUSTEES OFTHE AGRICULTURAL SOCIETY OF KENYA v MERU GOLF COURSE LIMITED & 2others [2008] KEHC 1820 (KLR)
- Court
- High Court of Kenya
- Case number
- 1820
- Citation
- [2008] KEHC 1820 (KLR)
- Decided
- 8 May 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to Enlarge Time to File Reply to Defence and Counter ClaimCoramM.A. ANG’AWA
Holding
The plaintiff should be given leave to file and serve their reply and counter claim out of time.
Facts
The plaintiff, Agricultural Society of Kenya, filed a suit involving 40.47 hectares of land allegedly given to them in 1981-1983. The Narc Government allocated the land to Meru Golf Course Ltd and Meru Public Golf Course in 2003. The plaintiff applied for leave to file a reply to the defence and counter claim out of time.
Issues
- Whether the plaintiff should be given leave to file and serve their reply and counter claim out of time.
- Whether the advocate's mistake should be visited on the client.
Reasoning
The plaintiff's advocate made a mistake, and the plaintiff should not be penalized for it. The plaintiff is given 14 days to file their reply and counter claim.
Outcome
The plaintiff's application is granted.
Orders
- The plaintiff should file and serve their reply and counter claim within 14 days of the judgment date.
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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