Eabs Bank Limited v 1. Nikunj S. Patel & 4 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS MILIMANI COMMERCIAL & TAX DIVISION HCCC NO. 547 OF 2006 EABS BANK LIMITED ..................................................................................PLAINTIFF VERSUS 1. NIKUNJ S. PATEL ..........................................................................1 ST DEFENDANT 2. SUMAN H. PATEL ......................................................................... 2 ND DEFENDANT 3. NILESH S. PATEL ...........................................................................3 RD DEFENDANT 4. RAMESH C. MEHTA ..................................................................... 4 TH DEFENDANT 5. S. C. MEHTA ................................................................................... 5 TH DEFENDANT RULING 1. On 6TH May 2019 Ms Mochama ,appearing for the Plaintiff, informed Court that her client’s witness had left employment and she sought leave to have a statement prepared by that witness substituted. 2. That witness was Pauline Olali who filed a written statement dated 27 th August 2012 and presented to Court on 6th September 2012. 3. The Court granted the leave sought but on condition that the substituted witness statement would not change the substance or contents of the earlier statement. 4. Since then the Plaintiff has filed two witness statements by Stephen Maweu Syovo both dated 13 th August 2019. Attached to those statements are documents. Counsel for the Defendant objects to documents introduced by this statement and requests that they be expunged. 5. Other than seeking that the documents be accepted as duly filed, counsel for the Plaintiff does not explain why the documents were filed inspite of the clear order of 6th May 2019. No leave was granted for filing of new documents. Indeed no leave was sought for admission of the documents. 6. The Plaintiff has attempted to abuse the latitude of the leave granted on 6 th May 2019 and will not be permitted to do so. All further documents attached to the bundle dated 13th August 2019 are hereby expunged from the record. Dated, Signed and Delivered in Court at Nairobi this 6th Day of November 2019. F. TUIYOTT JUDGE PRESENT;

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