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ELCDismissedNot stated in extract· [2023] KEELC 699 (KLR)

Thindigua Company Limited v Njunge & 2 others; Kung’u & another (Interested Parties) (Civil Case 2163 of 2001) [2023] KEELC 699 (KLR)

Environment and Land Court
9 February 2023
LMLucy N Mbugua
789 words in judgment
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The bottom line

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What this practically means

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Executive summary

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This ruling by Lucy N Mbugua, J of the Environment and Land Court, Nairobi, dealt with an application dated October 28, 2022 by the Interested Parties (formerly the 4th and 5th defendants) seeking to stay the adoption of a mediation agreement dated October 12, 2022 in mediation cause MLM/MED/O94/2022, and, at the hearing on January 16, 2023, leave to file a Supplementary Affidavit to introduce their Statement of Claim and supporting documents allegedly filed electronically in January 2021 pursuant to orders said to have been given by Judge Eboso. The Plaintiff and the 1st Defendant opposed, contending the Interested Parties had never filed a trial bundle since 2001, that their claim was unknown, and that no such documents appeared on the portal nor had been served. The court perused the record and found that a ruling of May 22, 2014 had directed the Interested Parties to file a statement of their interest in the suit property with supporting documents within 45 days, but they never complied, never sought variation, and no leave was granted in 2021. Relying on the Supreme Court's decision in Dande & 3 others v DPP & 2 others, that filing documents at the 11th hour is irregular and unacceptable, the court disallowed the prayer to file a further affidavit introducing the Statement of Claim and documents. No costs order was made. The substantive application of October 28, 2022 was thus effectively undercut by this disallowance.

Key legal issues

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01

Whether a party may introduce pleadings and documents long after pretrial directions, at mediation stage

Holding

No; the Interested Parties failed to comply with the May 22, 2014 pretrial directions, never sought variation, and their documents were neither on the portal nor served. Late introduction is disallowed.

Reasoning

The 2014 ruling required the interested parties to file statements of how their interest arises with supporting documents within 45 days. They never complied throughout the trial (2017-2018) and did not seek variation. Documents allegedly filed electronically in 2021 are not on the portal and were never served. Relying on the Supreme Court's decision in Dande, late filing is irregular and unacceptable, so leave to file a further affidavit introducing the claim was refused.

p. 2

Legal principles established

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  • The practice of filing documents at the 11th hour is irregular and unacceptable; parties cannot file pleadings and documents as and when they desire

Court orders

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  1. 1.Disallowed the prayer for the Interested Parties to file a further affidavit to introduce their documents including the statement of their claim
Jurisdiction invoked
Not expressly stated; first-instance land suit referred to court-annexed mediation (Cause MLM/MED/O94/2022)

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, "Thindigua Company Limited v Njunge & 2 others; Kung’u & another (Interested Parties) (Civil Case 2163 of 2001) [2023] KEELC 699 (KLR)", Case Analysis (2023). Not stated in extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/699/eng@2023-02-09

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