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JudgmentMARTIN WAMALWA BARASA VS PETER OKIABERA OMWENGA2 min read

MARTIN WAMALWA BARASA VS PETER OKIABERA OMWENGA

Environment and Land Court at Eldoret Environment and Land Court · · E. M. WASHE, J

RULING

  1. Indeed, the Defendant/Applicant made an application dated 24th October, 2024 seeking for leave to file a further list of documents
  2. The Application was served on the 21st January, 2025 and a Replying Affidavit dated 28th January, 2025 filed in opposition.
  3. The Applicants submission is that the matter is now to start de novo and there is no prejudice occasioned to the Plaintiff if leave would be granted to file the additional documents.
  4. The Respondents on the other hand rely on the ruling made on 17th October, 2024 which the court declined to grant leave for the Defendant to file the supplementary document.
  5. The Respondent Counsel has correctly pointed out that the main reason for the earlier application not being granted is that the Plaintiff had in fact testified and closed their case.
  6. Similarly, the Respondent Counsel submitted that the present application does seek to set aside the earlier orders and in fact the pleading have since long closed.
  7. When this court took over this proceedings, the court was of the view that the matter should start de novo pursuant to the directions issued on 19th February, 2025.
  8. The net effect of the directions is that the previous proceeding would be set aside and the court proceeds with the matter on a fresh plate.
  9. As a result, the ruling of 17th October, 2024 was also set aside by the order of de novo.
  10. The question then is what prejudice would the Plaintiff suffer if the further list of document is allowed.
  11. In the court’s view, substantive justice requires that each party is allowed to litigate his case in a matter that brings all the issues to the court and court is able to understand and arrive at a determination that captures all the facts.
  12. It is true that pleading closed but the rules allow any party to re-open and review their pleading any time before a judgment is pronounced.
  13. Consequently.  I allow and grant leave to the Defendant to prepare, file and serve the further list of documents within 14 days from today’s date.
  14. Similarly, I allow and grant leave of 14 days to the Plaintiffs upon service of the further list of documents to prepare a further witness statement and further list of documents to respond to the Defendant documents.


DATED, SIGNED & DELIVERED Virtually in Eldoret  ELC Court on 25TH  FEBRUARY 2025.


IN THE PRESENCE OF;

Court Assistant: Brian

Plaintiff: Mr. Mathai for Plaintiff/Respondent

Counsel for Defendant: Mr. Momanyi for Defendant/Applicant

    MARTIN WAMALWA BARASA VS PETER OKIABERA OMWENGA MARTIN WAMALWA BARASA VS PETER OKIABERA OMWENGA