Boniface Momanyi Nyachae v Cannon Assurance Limited & another [2022] KEELRC 1043 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the Respondents' delay in filing their witness statement and documents should be excused
The court acknowledged the delay but excused it in the interest of a hearing on the merit, allowing the documents to be filed within 7 days
The court accepted that the Respondents had delayed in filing their documents and witness statements. However, it held that it is a court of justice and equity; allowing the filing would not prejudice the Claimant, who would still have an opportunity to counter-file if need be. Avoiding a miscarriage of justice and ensuring the dispute is heard on the merits outweighed the procedural lapse.
Guiding principles for granting extension of time / leave to file additional documents
The court applied the Salat principles - reason for delay, prejudice to the other side, and whether the application was brought without undue delay - and found that absence of prejudice favoured allowing the application
Both parties invoked the principles in Nicholas Kiptoo Arap Korir Salat v IEBC: reasonable explanation for delay, absence of prejudice, and absence of undue delay. The Claimant argued the five-month delay from the mention of 18th March 2021 to filing on 23rd July 2021 was unreasonable and that extension is an equitable remedy for deserving parties. The court nonetheless found no prejudice to the Claimant and allowed the application in pursuit of a fair hearing under Article 50(1).
Legal principles established
#- Courts should not be curtailed by procedural technicalities in dispensing justice; procedural default should not defeat a hearing on the merit where no prejudice is caused to the other side.
Court orders
#- 1.The Respondents are allowed to file their intended documents (additional witness, witness statement and additional list of documents) within 7 days
- 2.Costs of the application to the Claimants
- Jurisdiction invoked
- Section 3A of the Civil Procedure Act, Order 2 Rule 5 and Order 11 of the Civil Procedure Rules, section 13(5) of the Employment and Labour Relations Court Procedure Rules and Article 50(1) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Boniface Momanyi Nyachae v Cannon Assurance Limited & another [2022] KEELRC 1043 (KLR)", Case Analysis (2022). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1043/eng@2022-01-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.