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ELCPartially AllowedKajiado ELC (unnumbered on face of judgment; applicant's Notice of Motion dated 7th November 2025)· [2026] KEELC 3399 (KLR)
Kilonzo v Top Grade Logistics Limited & 2 others (Environment and Land Case 1 of 2024) [2026] KEELC 3399 (KLR)
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·~4 min to read original · ~4 min briefThe bottom line
#A Kenyan land court allowed a plaintiff to re-open their case to add forgotten documents, but they must pay Kshs. 20,000 to the defendants for the delay.
What this practically means
#Executive summary
#This Environment and Land Court ruling at Kajiado determined a Notice of Motion dated 7th November 2025 by which the Plaintiff sought to re-open his case to produce the Plaint in Kajiado HCCC No. 27 of 2019 (Top Grade Logistics Ltd & Another vs Equity Bank Ltd & Another) and the Judgment in Kajiado Chief Magistrate ELC No. 86 of 2019, documents listed but inadvertently not filed. The 2nd and 3rd Defendants opposed, arguing the late filing was an attempt to fill evidentiary gaps exposed in cross-examination, that the plaintiff had long been aware of the documents, and that counsel's negligence should not attract the court's discretion, relying on CMC Aviation Ltd v Crusair Ltd (No.1) on pleadings not amounting to evidence, and on Julius Mbaabu Marete and Sagala. The Plaintiff explained the omission arose from the transfer of the matter from the High Court to the Environment and Land Court and a change of counsel, and relied on Ogolla v Omanje and Mailutha. Judge Judy Omange framed a single issue: whether the case should be re-opened. Finding the documents relevant and referenced in testimony, the explanation of inadvertent omission plausible, and prejudice curable since only the plaintiff had testified and the defendants could cross-examine him, the court allowed the application. The case was re-opened for the limited purpose of producing the two documents, with thrown away costs of Kshs. 20,000 to the Defendants, the Plaintiff to file and serve within 30 days, and the Defendants at liberty to cross-examine and respond within 21 days of service.
Key legal issues
#01
Whether the plaintiff's case should be re-opened to admit documents inadvertently omitted from the filed bundle
Holding
The application was allowed; the omission was found plausible and inadvertent, the documents relevant, and any prejudice curable through cross-examination since only the plaintiff had testified
Reasoning
The court noted the documents had been referenced in testimony and pleadings, related to the same parties and subject matter, and that the explanation of omission during transfer from the High Court to the ELC and change of counsel was plausible. With only the plaintiff having testified, the defendants retained the opportunity to cross-examine, curing any prejudice.
p. 2
Legal principles established
#- A court may re-open a plaintiff's case to receive relevant documents inadvertently omitted, where no prejudice that cannot be cured by cross-examination will be occasioned, particularly in land matters where all relevant material should be placed before the court
Court orders
#- 1.The Notice of Motion dated 7th November 2025 is allowed
- 2.The Plaintiff's case is re-opened for the limited purpose of producing the Plaint in Kajiado HCCC No. 27 of 2019 and the Judgment in Kajiado CM ELC No. 86 of 2019
- 3.Thrown away costs of Kshs. 20,000 awarded to the 2nd and 3rd Defendants
- 4.The Plaintiff to file and serve the said documents within 30 days of the Ruling being uploaded on the Case Tracking System
- 5.The Defendants at liberty to cross-examine the Plaintiff on the said documents and, if necessary, file any response thereto within 21 days of service
- Jurisdiction invoked
- Articles 50 and 159(2) of the Constitution; Sections 1A, 1B and 3A of the Civil Procedure Act; Section 19(1) of the Environment and Land Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kilonzo v Top Grade Logistics Limited & 2 others (Environment and Land Case 1 of 2024) [2026] KEELC 3399 (KLR)", Case Analysis (2026). Kajiado ELC (unnumbered on face of judgment; applicant's Notice of Motion dated 7th November 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3399/eng@2026-05-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.