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ELCPartially Allowed· [2017] KEELC 3400 (KLR)

City Council of Nairobi v Attorney General & 2 others [2017] KEELC 3400 (KLR)

Environment and Land Court
9 February 2017
EOE. O. Obaga
1,524 words in judgment
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The bottom line

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A Nairobi land court allowed late-filed court documents to stay on record because the four-month delay was explained and not excessive.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Milimani, Nairobi, decided a preliminary objection by the Plaintiff and a Notice of Motion by the Defendants arising from non-compliance with pre-trial directions given by Lady Justice Gacheru on 12th March 2014, requiring the Defendants to file their documents within 30 days. The Plaintiff sought expungement of the Defendants' documents filed out of time; the Defendants sought extension of time and deemed filing, attributing the delay to an upsurge in litigation at the State Law Office and difficulty obtaining documents in a dispute dating back over a quarter of a century. The court noted ongoing settlement attempts between counsel and uncontroverted affidavit evidence, and observed problems with documents going missing from court files. Distinguishing the three authorities relied on by the Plaintiff, which involved documents sought after closure of the plaintiff's case, the court held the four-month delay was not inordinate and sufficiently explained. The preliminary objection was overruled and the Defendants' application allowed in terms of prayers (2) and (3), with the extension limited to 30 days from the time the Ruling is brought to the attention of the Attorney General's Office. Each party was ordered to bear their own costs. The ruling was delivered on 9th February 2017 by E. O. Obaga, Judge.

Key legal issues

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01

Whether documents filed outside court-ordered timelines should be expunged

Holding

The preliminary objection failed; the delay of four months was not inordinate and was explained

Reasoning

The court considered the reasons given: an upsurge in litigation at the State Law Office, difficulty obtaining documents in a dispute dating back over a quarter of a century, ongoing settlement attempts, and uncontroverted averments due to absence of a replying affidavit. The authorities relied on by the Plaintiff involved documents sought after closure of the plaintiff's case, unlike the present circumstances.

p. 3
02

Whether the Defendants should be granted extension of time and deemed filing

Holding

The Notice of Motion was allowed in terms of prayers (2) and (3), with the extension limited to 30 days from service of the Ruling on the Attorney General's Office

Reasoning

The court found the defendants' failure sufficiently explained and noted the parties' own attempts to resolve the filing problem. The extension was limited because the Attorney General's Office was not present when the ruling date was taken.

p. 3

Legal principles established

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  • Each application for filing documents out of time must be considered on its own circumstances
  • A failure to file documents within court-ordered timelines may be excused where the delay is short and sufficiently explained

Court orders

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  1. 1.Preliminary objection dated 3rd February 2016 overruled
  2. 2.Notice of Motion dated 5th April 2016 allowed in terms of prayers (2) and (3)
  3. 3.Extension of time limited to 30 days from the time the Ruling is brought to the attention of the Attorney General's Office
  4. 4.Each party to bear their own costs

Authorities

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Cases cited (3)

  • P.H.Ogola Onyango T/A Pittsconsult Consulting Engineers Vs Daniel Githegi T/A Quantalysis
    Nairobi HCCC No.1490 of 1999
  • Johana Kipkemei Too Vs Hellen Tum
    Eldoret ELC No. 975 of 2012
  • Susan Chapatet Lokwangi and Powon Lokwang Komolmoi
    Kitale ELC No. 116 of 2013
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court (not expressly cited in the judgment)

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, "City Council of Nairobi v Attorney General & 2 others [2017] KEELC 3400 (KLR)", Case Analysis (2017). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3400/eng@2017-02-09

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