ROSALIA AHEMBELWA ASHIVAGA AND ADRIANO ASHIVAGA AND 1 Others VS JULIUS LUMUMBA ICHELA AND PETER ICHELA MUKABALE

I have considered the application and the submissions. The plaintiff seeks to introduce one final witness and a translation of PExb 2 into English.

I have perused PExb 2, and I note that it is neither in English nor Kiswahili. A translation is therefore necessary. Regarding introduction of an additional witness, I note that the plaintiff’s case is yet to be closed. The defence will have a chance to offer additional evidence in rebuttal, if need be. I do not see any prejudice to the defence beyond that which cannot be remedied by costs at the conclusion of the trial.

In the circumstances, I make the following orders:

1. Leave is granted to the plaintiffs to file and serve further list of witnesses, witness statement, and a further list of documents.
2. The leave is limited to introducing only one more witness and a certified translation into English of PExb 2.
3. The list of witnesses, list of documents and witness statement to be filed and served within 14 (fourteen) days from today.
4. The defendant has corresponding leave to file and serve further compliance documents within thirty (30) days of service.
5. Further hearing on 8^th October 2024.

Dated 22^nd May 2024.