Mwiru Paul v National Council for Higher Education and Others (Civil Appeal No 86 of 2017)
Observed later treatment
No later-treatment classification is recorded for this judgment.
Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.
AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.
Holding
On a reference from a single Justice of Appeal, the full Court allowed the enlargement of time to file additional evidence. The parties agreed that the 10-day period originally fixed was insufficient for filing the affidavit in rejoinder, and the respondents conceded the orders sought. The Court held that no prejudice would be occasioned to the parties, extended time to file the agreed evidence, validated the appellant's affidavit in rejoinder on record, and granted leave to the parties to address the Court on the additional evidence.
Outcome
Reference allowed; time extended to file the agreed additional evidence.
Facts
On the hearing of the reference, the appellant's counsel informed the Court that the parties had agreed that additional evidence allowed by the single Justice of Appeal, which was to be filed within 10 days of his decision, be admitted outside that 10-day period. Counsel for the respondents severally conceded to the orders sought in the reference for enlargement of the time fixed by the single Justice. The parties agreed that the time given to the appellant was insufficient to file the affidavit in rejoinder.
Issues
- Whether time should be enlarged to allow the appellant to file the agreed additional evidence outside the period fixed by the single Justice of Appeal.
Orders
- The reference is allowed.
- Time is extended within which to file the agreed evidence.
- The affidavit in rejoinder of the appellant on record stands validated by this order.
- The parties have leave to address the court on the additional and agreed evidence.
- The reference is allowed with costs in the cause.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.