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ELCAllowedNot stated in the judgment· [2017] KEELC 2260 (KLR)

Loyford Muriuki Riara & 2 others v Loyford Muriuki Riara & 5 others [2017] KEELC 2260 (KLR)

High Court of Kenya
22 March 2017
PNP. M. Njoroge
572 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's High Court allowed a plaintiff to file amended court documents a few days late, prioritising justice over strict deadlines.

What this practically means

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Executive summary

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The plaintiff, Loyford Muriuki Riara, moved the court by a Notice of Motion dated 4th April 2016 seeking leave to admit out of time, and to deem duly filed and served, an amended Notice of Motion and Amended Originating Summons both dated 11th February 2015. On 15th December 2014 the court had granted leave to amend the pleadings within 30 days, but the amended documents were filed on 12th February 2015, a few days after the leave period expired, and without any application to extend the leave, contrary to Order 8 of the Civil Procedure Rules. The plaintiff attributed the failure to an honest oversight by his advocate, urged that the mistake of counsel should not be visited on the litigant, and relied on Central Kenya Limited v Trust Bank Limited (2000) EALR 365. The defendants vehemently opposed, contending that the plaintiffs acted outside the law and that the spirit of the law must be upheld. The court considered the pleadings and rival submissions and, in the interests of justice, allowed the application while cautioning against future late filings. Costs were ordered to be in the cause. The plaintiffs were ordered to fully comply with Order 11 CPR within 30 days, and the defendants to comply within 30 days of receipt of the plaintiffs' compliance documents, with directions on a hearing date to be taken on 28.6.2017.

Key legal issues

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01

Whether amendments filed a few days beyond the 30-day leave period should be admitted out of time

Holding

The court allowed the application, admitting the amended pleadings out of time in the interests of justice, while cautioning against future late filings.

Reasoning

The plaintiff explained the brief delay as an oversight by counsel, not a deliberate disregard for procedure. Applying the principle that mistakes of advocates should not be visited on litigants, and relying on Central Kenya Limited v Trust Bank Limited, the court exercised its discretion in favour of justice, allowing the documents to be deemed duly filed and served.

p. 2

Legal principles established

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  • In the interests of justice, a court may admit filings out of time where the delay is brief, though such indulgence should not be construed as encouraging late filing.

Court orders

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  1. 1.The amended Notice of Motion and Amended Originating Summons dated 11th February 2015 admitted out of time and deemed duly filed and served
  2. 2.Plaintiffs to fully comply with Order 11 CPR within 30 days of the ruling
  3. 3.Defendants to comply with Order 11 CPR within 30 days of receipt of the plaintiffs' compliance documents
  4. 4.Parties to take directions regarding a possible hearing date of the suit on 28.6.2017
  5. 5.Costs in the cause

Authorities

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Legislation

  • Civil Procedure RulesOrder 8
  • Civil Procedure RulesOrder 11

Cases cited (1)

  • Central Kenya Limited Versus Trust Bank Limited
    (2000) EALR 365
Jurisdiction invoked
Inherent jurisdiction of the court to admit filings out of time and Article 159 (interests of justice); Civil Procedure Rules, Order 8

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Loyford Muriuki Riara & 2 others v Loyford Muriuki Riara & 5 others [2017] KEELC 2260 (KLR)", Case Analysis (2017). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2260/eng@2017-03-22

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.