I have considered the Defendants’ application to be allowed to file defence and compliance documents. I have also considered the submissions by both sides.
The record shows that the Plaintiff closed his case on 25th July 2023. Since then, the matter has been adjourned severally at the Defendants’ request.
The record shows that on 3rd May 2023, the Court declined the Defendants’ renewed application to be allowed to file defence. The reasons for that decision are on record.
I find no merit in the Defendants’ new application for leave to file defence and compliance documents at this stage. I agree with Mr Anyona that such an outcome would be prejudicial to the Plaintiff who closed his case one and a half years ago.
In the result, I make the following orders:
- The Defendants’ application for leave to file defence and compliance documents is dismissed.
- Defence case is closed.
Dated this 28th day of January 2025.