Mwiru v National Council for Higher Education and Ors (Civil Appeal No. 86 of 2017)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
On a reference from the decision of a single Justice, the full Court allowed enlargement of the time within which the appellant could file agreed additional evidence. The parties consented, agreeing that the original 10-day period had been insufficient and that no prejudice would result. The Court extended time, validated the appellant's affidavit in rejoinder already on record, and granted the parties leave to address the Court on the additional and agreed evidence. The reference was allowed with costs in the cause.
Outcome
Reference allowed; time enlarged for filing agreed additional evidence
Facts
The matter came before the full Court of Appeal as a reference from a decision of a single Justice. The single Justice had allowed additional evidence to be filed within 10 days of his decision. The parties subsequently agreed that this period was insufficient and that the affidavit in rejoinder filed outside the 10-day period should be admitted. At the hearing of the reference, counsel for the appellant informed the Court of the parties' agreement, and counsel for the respondents conceded to the orders sought for enlargement of time. The Court accepted that no prejudice would be occasioned to the parties.
Issues
- Whether the time fixed by the single Justice for filing additional evidence should be enlarged.
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.
- The parties have leave to address the court on the additional and agreed evidence.
- Costs in the cause.
Rules and key headnotes
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.