Barasa Obango Okwako v Alex Wandera Makokha [2020] eKLR Case Summary

Court
Environment and Land Court at Busia
Category
Civil
Judge(s)
A. Omollo
Judgment Date
October 08, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the Barasa Obango Okwako v Alex Wandera Makokha [2020] eKLR case summary. Delve into this landmark judgment's key points, implications, and legal principles.

Case Brief: Barasa Obango Okwako v Alex Wandera Makokha [2020] eKLR

1. Case Information:
- Name of the Case: Barasa Obango Okwako v. Alex Wandera Makokha
- Case Number: Case No. 99 of 2017
- Court: Environment and Land Court at Busia
- Date Delivered: October 8, 2020
- Category of Law: Civil
- Judge(s): A. Omollo
- Country: Kenya

2. Questions Presented:
The central legal issues presented before the court include whether the plaintiff/applicant should be granted an extension of time to file a further list of documents and witnesses, and whether the already filed list of witnesses and documents should be deemed duly filed.

3. Facts of the Case:
The plaintiff, Barasa Obango Okwako, initiated this civil suit against the defendant, Alex Wandera Makokha, on May 11, 2017. The plaintiff sought to file additional documents and witnesses but was granted a 14-day leave by the court on October 14, 2019, to do so. However, he faced delays in securing a crucial document from the Land Registrar due to the Covid-19 pandemic and the closure of his advocate’s offices. The defendant opposed the application, arguing that the plaintiff failed to comply with the court's timeline and that the delays were unjustified.

4. Procedural History:
The application was filed by the plaintiff on April 30, 2020, under various provisions of the Civil Procedure Act and Rules, seeking an extension of time for filing documents. The defendant responded with a replying affidavit on July 3, 2020, asserting that the plaintiff had not provided a satisfactory explanation for the delay. The parties opted for written submissions, but only the plaintiff's submissions were recorded by August 18, 2020. The court reviewed the application, the opposing arguments, and the relevant law.

5. Analysis:
- Rules: The court considered Article 159(2) of the Constitution of Kenya, which emphasizes the need for substantive justice, alongside Orders 50 Rule 5 and Order 51 Rule 1 of the Civil Procedure Rules, which govern the extension of time and the filing of documents.
- Case Law: The court did not explicitly cite previous cases; however, it relied on established principles of procedural justice and the discretion afforded to courts in managing timelines and ensuring fairness in civil proceedings.
- Application: The court found that the plaintiff had valid reasons for the delay, including the impact of the Covid-19 pandemic. It noted that the defendant would not suffer prejudice if the application were granted, as he would have the opportunity to challenge the newly filed documents during the defense hearing.

6. Conclusion:
The court granted the plaintiff's application to extend the time for filing additional documents and witnesses, deeming the already filed documents as duly filed. The ruling underscored the court's commitment to ensuring substantive justice while acknowledging the extraordinary circumstances posed by the pandemic.

7. Dissent:
There were no dissenting opinions noted in this ruling.

8. Summary:
The Environment and Land Court at Busia ruled in favor of the plaintiff, allowing for an extension of time to file additional documents and witnesses in the ongoing civil suit. This decision highlights the court's flexibility and responsiveness to the challenges posed by the Covid-19 pandemic, reaffirming the importance of substantive justice in civil proceedings. The implications of this ruling may influence how courts handle similar requests for extensions in future cases, especially in light of unforeseen circumstances affecting legal processes.

Document Summary

Below is the summary preview of this document.

  • Barasa-Obango-Okwako-v-Alex-Wandera-Makokha-[2020]-eKLR-Case-Summary_1467_0.jpg

This is the end of the summary preview.

Related Documents

View all summaries