ALEXANDER CHARLES RATEMO vs JOHN KERAGITA ONYONKA [2004] KEHC 2033 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CIVIL SUIT NO.114 OF 2003IN THE MATTER OF THE REGISTERED LAND ACT CAP 300 LAWS OF KENYAANDIN THE MATTER OF THE CIVIL PROCEDURE ACT AND THE RULES MADE THERE UNDER ORDER XXXVI RULE 3D

ANDIN THE MATTER OF A DISPUTE OF OWNERSHIP OF A DISPUTED PARCEL OF LAND BETWEEN ALEXANDER CHARLES RATEMO …………………………………… APPLICANT VERSUS JOHN KERAGITA ONYONKA ……………………………………….. RESPONDENTRULING:

Applicant prays to court for leave to file a further affidavit to be able to annex copies of the Register. Application was opposed and court told that pleadings were closed.

Indeed the court has already given direction but that does not mean court cannot allow further affidavits if there are good reason. Applicant states he wants to file a further affidavit so that he can be able to put in copies of the register. Hearing of the case has not started and I feel the Respondent will not suffer any prejudice if the application is allowed.

In the circumstances the application is allowed. Applicant granted leave to file a further affidavit within 14 days from today’s date. Respondent be at liberty to file a further replying affidavit if he so feels.

It is so ordered.

KABURU BAUNI

JUDGE14/6/04

Signed, dated and delivered on this 14th June 2004. Mr. Ondieki for applicant. Mr. Anyona holding brief for Mr. Bosire.

KABURU BAUNI JUDGE