RULING
- The application dated 5th November, 2024 is seeking to recall the Plaintiff to comment and testify on various statements and documents that were filed by the Defendant after closing his case.
- The Applicant pointed out two statements dated 17th January, 2024 and another one dated 8th March, 2022 but served on 18th May, 2023.
- The Applicant would also wish to comment on a death certificate that is to be produced by the Registrar of Birth and Death.
- The Respondents have opposed the same through a Replying Affidavit dated 20th November, 2024.
- During submission, the Counsel for the Defendant confirmed that indeed they had filed a statement dated 17th January, 2024 and could not state when the statement of 8th March, 2022 was served.
- The court has duly considered both submission and it is of the considered view that the Plaintiff should be allowed to comment on the statements that were served on him after he testified.
- The Respondents have not demonstrated any prejudice that they will suffer if the Plaintiff/Applicant is recalled to comment on the documents and statements that were filed after his testimony.
- The Constitution requires court to hear cases on their merit and not be hindered with technicalities.
- Consequently, the application dated 5th November, 2024 is hereby allowed in terms of prayer 2 and 3 therein.
- Costs of the application will abide the outcome of the suit.
DATED, SIGNED & DELIVERED Virtually in Eldoret ELC Court on 18TH FEBRUARY 2025.
IN THE PRESENCE OF;
Court Assistant: Brian
Counsel for Plaintiff: Mr. Murgor for the Plaintiff
Counsel for Defendant: Ms. Beston for the Defendant