Gatheru Gathemia t/a Gatheru Gathemia & Co Advocates v Munene & another (Civil Suit 133 of 2015) [2022] KEHC 10087 (KLR) (Commercial and Tax) (15 July 2022) (Ruling)

Summary at a glance

Facts

The plaintiff seeks leave to introduce additional documents and recall his first witness to support his case. The defendants oppose the application, citing lack of merit and prejudice.

Issues

• Whether the court should grant leave to the plaintiff to adduce a further list of documents in support of his case.
• Whether the defendants will suffer prejudice if the plaintiff is allowed to introduce the additional documents.

Reasoning

The court considers the plaintiff's right to present all evidence and the defendants' right to respond, finding that the plaintiff's right to present evidence outweighs the defendants' potential prejudice.

Outcome

The court grants the plaintiff's application and allows the defendants to file and serve further documents within 14 days, with the defendants capped at Kshs.20,000/- in costs.

Orders

• The plaintiff is granted leave to adduce a further list of documents.
• The defendants are granted leave to file and serve further documents within 14 days.
• The defendants are capped at Kshs.20,000/- in costs.

Remedies

• Leave to adduce further documents

Authorities cited