Joseph Taabu Desilo v Peter Okiru Omela [2018] KEELC 4309 (KLR)
The bottom line
#A Kenyan High Court ruled that a party who files documents late without permission loses them - you cannot benefit from breaking the very rule you violated.
What this practically means
#Executive summary
#Key legal issues
#Whether documents filed without leave after closure of the plaintiff's case should be admitted
The documents were not properly filed and were expunged from the record
Order 3 rule 2 obliges a plaintiff to file all necessary documents, and Order 7 rule 5 obliges a defendant to file documents and witness statements with the defence. Order 11 governs case management and compliance. A party who willfully fails to comply violates the overriding objective under sections 1A and 1B. The defendant was given many chances to comply, yet filed 16 documents without leave after the plaintiff closed his case. The court declined to reward that violation with a discretionary indulgence under the very provision breached.
Consequence of willful non-compliance with Order 11 case-management obligations
Such non-compliance is deemed a violation of the overriding objective and the court may order costs against the defaulting party
Under Order 11 rule 7(3), a party who willfully fails or omits to comply with the order is deemed to have violated the overriding objective stipulated in sections 1A and 1B of the Civil Procedure Act, and the court may order costs against the defaulting party. The court framed its discretion within this scheme of expeditious disposal and case management, holding that a defaulting party cannot seek relief from the rule he has breached.
Legal principles established
#- A party who fails to comply with the document-filing obligations of the Civil Procedure Rules cannot invoke the court's discretion under section 1B of the Civil Procedure Act to regularise late filing, especially where the documents were filed without leave after the opposing party closed its case.
Court orders
#- 1.The 16 fresh documents filed by the defendant on 30/8/2017 without leave are expunged from the court record
- Jurisdiction invoked
- Inherent and case-management discretion under sections 1A and 1B of the Civil Procedure Act and Order 11 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Joseph Taabu Desilo v Peter Okiru Omela [2018] KEELC 4309 (KLR)", Case Analysis (2018). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4309/eng@2018-02-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.