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ELCOther· [2021] KEELC 2267 (KLR)
Ndovu Estates Limited v Peter Lemeria Ole Ntutu [2021] KEELC 2267 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This is a short interlocutory ruling by the Environment and Land Court at Narok, delivered virtually by Mohamed N. Kullow, J on 23 July 2021, on an application by Mr C.F. Otieno for the plaintiff. The plaintiff objected to the court proceeding with the hearing of the suit on the basis of a witness statement that had not been filed together with the defence. The record showed that the defendant filed the statement of defence on 29 May 2017, with the witness statement filed much later, on 9 July 2019. Counsel for the defendant, Mr Maina, argued that a witness statement had been filed together with the defendant's list of documents and statements and that no rule required the defendant to be produced. The court agreed with the plaintiff's objection, considering it fundamental to the proper conduct of the matter, holding that the defendant ought to have signed his own personal witness statement rather than relying on a statement of defence ordinarily signed by the advocates acting for the party. The court directed that a witness statement signed personally by the defendant be filed and served within 14 days, containing nothing more than what was in the disputed witness statement. No costs order was made and no authorities or statutory provisions were cited. The ruling makes no findings on the substantive dispute between the parties.
Key legal issues
#01
Whether a witness statement filed two years after the defence, and not signed by the defendant personally, could be relied on at hearing
Holding
The court held the objection well-founded and directed that a witness statement personally signed by the defendant be filed and served within 14 days
Reasoning
The defendant filed the statement of defence on 29/5/2017 and the witness statement only on 9/7/2019. The plaintiff's counsel objected that the statement ought to have been signed by the defendant personally rather than by the advocates. The court found the objection fundamental to the proper conduct of the matter and, in the interest of justice, ordered a personally signed statement limited to the content of the disputed statement.
p. 2
Legal principles established
#- A party's witness statement must be signed by the party personally and not by the advocate acting for the party
Court orders
#- 1.That the defendant's witness statement, signed by the defendant himself, be filed and served within 14 days
- 2.That the said statement ought not to contain anything more than what is contained in the disputed witness statement
- Jurisdiction invoked
- Not expressly stated; civil suit procedural directions under the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ndovu Estates Limited v Peter Lemeria Ole Ntutu [2021] KEELC 2267 (KLR)", Case Analysis (2021). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2267/eng@2021-07-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.