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ELCAllowed· [2017] KEELC 3095 (KLR)

Loyford Muriuki Riara & 2 others v Kithinji Njoka & 3 others [2017] KEELC 3095 (KLR)

Environment and Land Court
22 March 2017
PNP. M. Njoroge
572 words in judgment
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The bottom line

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Kenya's Environment and Land Court allowed late-filed amended pleadings, ruling that a lawyer's brief honest mistake should not punish the client.

What this practically means

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Executive summary

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The plaintiff/applicant moved the court by notice of motion dated 4th April 2016 seeking leave to admit out of time, and to have deemed 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 expiry of that period, without any application for extension of leave, contrary to Order 8 of the Civil Procedure Rules. The applicant explained the delay as a brief and honest oversight by his advocate, urged that the mistake of counsel should not be visited on the client, 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 at all times. Both parties filed written submissions. The court, exercising its discretion in the interests of justice and expressly cautioning against filing documents beyond granted time in future, allowed the application and deemed the amended documents properly filed and on record. It directed both sides to comply with Order 11 of the Civil Procedure Rules within 30 days, fixed 28th June 2017 for directions on a hearing date, and ordered that costs be in the cause.

Key legal issues

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01

Whether amendments filed out of the 30-day leave period could be admitted out of time

Holding

The court allowed the application, admitting the amended pleadings out of time and deeming them properly filed, in the interests of justice despite the contravention of Order 8 of the Civil Procedure Rules.

Reasoning

The plaintiff had been granted leave on 15th December 2014 to amend pleadings within 30 days but filed the amended documents on 12th February 2015, a few days late, without applying for extension of leave. The plaintiff argued the delay was brief, an honest oversight of counsel, and that the mistake of an advocate should not be visited on the client, relying on Central Kenya Limited v Trust Bank Limited. The defendant opposed, arguing the spirit of the law must be upheld. The court, weighing the interests of justice and noting the brief delay was not deliberate disregard of procedure, allowed the application while cautioning against future non-compliance.

p. 2

Legal principles established

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  • In the interests of justice, the court may admit amended pleadings filed out of time, notwithstanding that the delay was the advocate's oversight.

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 and properly on the court record
  2. 2.Plaintiffs ordered to fully comply with Order 11, CPR, within 30 days
  3. 3.Defendants ordered 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 shall be 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 power of the court to grant extension of time; Order 8 of the Civil Procedure Rules

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 Kithinji Njoka & 3 others [2017] KEELC 3095 (KLR)", Case Analysis (2017). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3095/eng@2017-03-22

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