1. The Plaintiff filed an application dated 16.08.2023 seeking an injunction to restrain the Defendants from dealing with the suit property; LR No. 12672/195 - Runda Estate, Nairobi pending the hearing and determination of the suit. I heard the application and reserved the ruling for 29.09.2023.
2. While the ruling was pending, the 2nd Defendant filed an application dated 05.09.2023 seeking leave to file additional evidence to wit; Nation Daily newspaper advertisements in the publications of 17.07.2023 and 01.08.2023. The application is opposed by the Plaintiff and supported by the 1st Defendant,
3. I have considered the oral submissions made by the respective advocates and I take the following view of the matter. I consider the failure to produce the documents by the 1st Defendant inadvertent and failure to produce the same would of prejudice the 2nd Defendant. The Plaintiff will have the opportunity to present its position in response. As this is an interlocutory application, it is in the interests of justice that the parties be given the opportunity to present all the available evidence in the matter. Neither party will suffer any prejudice in my view if the parties are granted this latitude to make their case.
3. For the reasons I have set out, the application dated 05.11.2023 is allowed on the following terms:
1. The proceedings leading to the hearing of the Plaintiff’s application dated 16.08.2023 are set aside and the ruling date vacated.
2. The Plaintiff’s application dated 16.08.2023 shall be heard afresh.
3. The 2nd Defendant shall file and serve a further affidavit by the close of business on 19.11.2023.
4. The Plaintiff shall be at liberty to respond thereto by the close of business on 22.11.2023.
5. Pending the hearing and determination of the application or further orders of the court, the Defendants are restrained from transferring or otherwise dealing with the suit property; LR No. 12672/195 – Runda Estate, Nairobi.
6. Costs in the cause.
DATED and DELIVERED at NAIROBI this 15th day of SEPTEMBER 2023
D. S. MAJANJA
JUDGE