Kianda Foundation Educational Trust v Fit Tight Fasteners Ltd & 3 others (Environment and Land Case E006 of 2023) [2025] KEELC 5765 (KLR)
The bottom line
#A Kajiado land court refused to strike out a defence filed late, confirming that courts hesitate to lock parties out of a fair hearing.
What this practically means
#Executive summary
#Key legal issues
#Whether the 1st and 2nd Defendants' defence and accompanying documents, filed after the statutory timelines, should be struck out
The application was dismissed because the court's own directions had kept pleadings open beyond the statutory timelines and the defence raises serious triable issues on ownership of the suit property
From the record, the court had, on 20th March 2024, ordered that pleadings remain open until 27th June 2024 and granted parties liberty to file pleadings after the statutory timelines. The defendants availed themselves of that window after the Land Registrar and Surveyor's reports were received. The defence raises serious issues on the history and true proprietorship of the suit property, and striking out is a draconian remedy of last resort that should not drive a litigant from the seat of justice.
Whether the motion could strike out an alleged Notice of Appeal
That prayer was misdirected as no notice of appeal existed on the record
The plaintiff alleged that the defendants filed a notice of appeal out of time without leave. The defendants denied ever filing or serving any notice of appeal and pointed out that no ruling or judgment had been rendered to necessitate an appeal. On perusal of its own record the court confirmed no notice of appeal existed, rendering that prayer misdirected.
Legal principles established
#- Striking out a pleading is a draconian remedy and an order of last resort, exercisable only where the grounds under Order 6 Rule 13(1)(b) and (d) are established
- The power to strike out a pleading is discretionary and must be exercised with the greatest care and caution so that no litigant is driven away from the seat of justice
Court orders
#- 1.The Notice of Motion dated 14th April, 2025 is dismissed
- 2.Costs shall be in the cause
- Jurisdiction invoked
- Article 159 of the Constitution; Sections 1A, 1B, 3A & 3B of the Civil Procedure Act; Order 2 Rules 15, 5 & Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kianda Foundation Educational Trust v Fit Tight Fasteners Ltd & 3 others (Environment and Land Case E006 of 2023) [2025] KEELC 5765 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5765/eng@2025-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.