Ebrahim v Ashleys Kenya Limited & 2 others (Petition 361 of 2016) [2016] KEHC 8344 (KLR) (Constitutional and Human Rights) (14 November 2016) (Ruling)
- Court
- High Court of Kenya
- Case number
- 8344
- Citation
- [2016] KEHC 8344 (KLR)
- Decided
- 14 November 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPostureApplication to expunge the supplementary affidavit of the 3rd respondent without leaveCoramEM MURIITHI
Holding
The Court admits and grants leave for the filing of the supplementary affidavit and directs the petitioner to file a response before the hearing.
Facts
The petitioner filed a supplementary affidavit on October 28, 2016, raising a new issue regarding disputed photographs. The 3rd respondent filed a supplementary affidavit on November 10, 2016, to elaborate on the photographs and allegations of narcotics use.
Issues
- Whether the Court has the power to grant leave to file a supplementary affidavit on any matter in dispute
- Whether the Court should be concerned that parties are granted a fair hearing within the meaning of Article 50 of the Constitution
- Whether the Court should receive evidence corroborating, contradicting, or elaborating on the petitioner's deposition regarding the photographs and alleged criminality
Reasoning
The Court has the power to grant leave to file a supplementary affidavit even after its filing. The issue of when the photographs were taken is relevant, and the allegation of criminality warrants the receipt of the affidavit.
Outcome
The Court admits and grants leave for the filing of the supplementary affidavit.
Orders
- Grant leave for the filing of the supplementary affidavit
- Direct the petitioner to file a response before the hearing
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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