Wanderi & another v Madisurp Investments & 7 others; Kamau (Intended Interested Party) (Environment & Land Case 13 of 2024) (Environment and Land) [2025] KEELC 4262 (KLR)
The bottom line
#A Naivasha land court allowed late-filed documents and a witness recall because no real prejudice was shown, but dismissed an ignored joinder application.
What this practically means
#Executive summary
#Key legal issues
#Whether the 3rd Defendant should be allowed to adduce additional documents and be recalled as a witness after plaintiffs closed their case
Allowed; the documents had already been alluded to in the hearing, no prejudice was demonstrated, and Article 50(1) and Section 3A favour substantive justice
Although procedural rules require early disclosure of documents to avoid ambush, the court retains discretion under Order 18 rule 10 and Section 146 of the Evidence Act to permit further evidence to secure a fair trial. The trial was at its tail end, increasing prejudice, but the plaintiffs did not demonstrate actual prejudice. Most documents were already on record and referred to during testimony, so their admission was not an ambush. The mistake of counsel should not be visited on the litigant.
Whether the Intended Interested Party's application for joinder should be allowed
Dismissed for want of prosecution following failure to file submissions as directed
Directions had been taken on 8th April 2025 for the disposal of the joinder application by written submissions to be filed within 14 days, but no compliance occurred. The court held that failure to file submissions as ordered demonstrates inertia, inordinate delay and lack of interest, citing the test for dismissal for want of prosecution in Rowlands Ndegwa, and dismissed the application with no costs.
Legal principles established
#- A party must demonstrate actual prejudice to resist the introduction of further documents or recall of a witness at the tail end of a trial
- A court retains power under Order 18 rule 10 and Section 146 of the Evidence Act to allow further documents and witnesses to secure a fair trial under Article 50(1)
- Failure to file submissions as directed amounts to failure to prosecute an application, which is liable for dismissal
Court orders
#- 1.Leave granted to the 3rd Defendant to file his List and Bundle of Documents out of time
- 2.Documents to be filed and served upon the parties within 7 days of the ruling
- 3.Plaintiffs to have the right to file rejoinder documents within 7 days upon service
- 4.Parties to have the right to call or recall witnesses for further examination in chief, cross-examination or re-examination on matters arising in the documents
- 5.Application dated 25th February 2025 by the Intended Interested Party dismissed with no costs
- 6.Costs of the 4th February 2025 Application to abide the outcome of the main suit
- Jurisdiction invoked
- Inherent jurisdiction under Sections 1A, 1B, 3 and 3A of the Civil Procedure Act; Article 159(2)(d) and Article 50(1) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wanderi & another v Madisurp Investments & 7 others; Kamau (Intended Interested Party) (Environment & Land Case 13 of 2024) (Environment and Land) [2025] KEELC 4262 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4262/eng@2025-06-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.