Keshavji Jivraj Shah v Kenwal Sarjit Singh Dhiman [2017] KEHC 2479 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

COMMERCIAL & TAX  DIVISION

CIVIL SUIT NO. 205 OF 1999

KESHAVJI JIVRAJ SHAH………………PLAINTIFF

VERSUS

KENWAL SARJIT SINGH DHIMAN…..DEFENDANT

RULING

The application dated 19 April 2017 seeks to have this court review its orders of 29 March 2017 which allowed the filing of the Court of Appeal records and proceedings in CACA No. 33 of 2007.  I must point out that the order was simply a re-confirmation of the previous orders by Farah Amin J. Lady Justice Farah Amin had on 2 November 2016 also directed that the record of appeal be filed in this cause.

I must also point out that the directions of 29 March 2017 and 2 November 2016 were made in the course of case management. The simple reason is that this court will never hesitate to allow the filing of any documents in the possession of any party. As to admissibility and relevance, that is an issue to be dealt with at trial. The documents directed and admitted to be filed do not relate to any admitted bundle of documents. The Applicant will be able to object to the record at an appropriate time. Besides, court records including Court of Appeal records are accessible to all parties as well as non- parties due to the open justice principle.

I would thus not interfere with or review the case management directions given for purposes of an expeditious proportionate and affordable process of prosecution of the claim and defence, if any.

With regard to the second limb; I must state that the record of court proceedings, unless there is an express order annulling and expunging the same, cannot be avoided. They constitute the litigation history and where and when relevant the court will refer to the same.

I consequently dismiss the application dated 19 April 2017 with costs to the Plaintiff.

The parties will argue any other preliminary points once the matter is confirmed for trial.

Dated, signed and delivered at Nairobi this  9th day of October, 2017

J.L.ONGUTO

JUDGE

Further Orders

Mention on 16 October 2017.

Notice to issue.

J.L.ONGUTO