RULING
I have heard and considered the objection raised by Mr. Mbaka, Learned Counsel for the Plaintiff, in regard to the evidence that is sought to be adduced by the 5th Defendant. I have also heard and considered the submissions of Mr. Saluny, learned Counsel for the 5th, 15th and 16th Defendants, in reply. I have also painstakingly gone through the record in this court and noted that the only time the issue of the 5th Defendant’s witness statements and documents had arised was on 24th January 2012 when this court was informed that the 5th and 15th Defendants, who were then being represented by Mr. Mengitch had not filed their statements, witness statements and documents. the record shows that they were granted leave to do so before the hearing started. The record also indicated that on 17th July 2024 the firm of Saluny Advocates filed a notice of change of Advocates in regard to the 5th and 15th Defendants.
I have perused the record of this court and I have not come across any application by Mr. Saluny to file the 5th Defendant’s statement, witness statements and documents out of time. The same ought, as a mate of procedure have been filed within fourteen (14) days after the entry of appearance in the suit (See Order 7 Rules 1 and 5 of the civil Procedure Rules). I do not agree with Mr. Saluny’s submission that he civil rules of procedure should not be strictly complied with in this case. The rules have their place and that is to ensure fairness to all the parties and clearly the filing of the witness statement and documents way out of time and without leave of the court cannot be allowed. They cannot be admitted by this court.
Dated signed and delivered in open court on tis 6th day of November 2024.