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ELCAllowedNot stated in the judgment (Notice of Motion dated 23rd March 2026 within a pending suit)· [2026] KEELC 2400 (KLR)
Wairimu & another (Suing as the administrators of the Estate of Regina Wairimu - Deceased) v Nuni (Land Case E020 of 2026) [2026] KEELC 2400 (KLR)
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·~6 min to read original · ~4 min briefThe bottom line
#Kenya's Environment and Land Court allowed late-filed title documents into a land dispute, prioritising a complete record over strict deadlines.
What this practically means
#Executive summary
#This is an interlocutory ruling by the Environment and Land Court at Nairobi (Mohammed N. Kullow, Judge) on a Notice of Motion dated 23rd March 2026 filed by the Plaintiffs/Applicants, Caroline Nyambura Wairimu and another, in a land dispute against the Defendant, Hussein Ibrahim Nuni. The application sought, among other things, arrest of a ruling scheduled for 24th March 2026 and leave to file a Supplementary Affidavit annexing official records and historical title documents obtained from the Ministry of Lands and Physical Planning relating to suit property LR No. 36/II/28. The deponent averred the documents establish an unbroken chain of title from 1949 to the estate of the late Regina Wairimu and go to the root of ownership. The Respondent opposed the application as an afterthought and abuse of process, noting the Applicants had failed to comply with timelines for filing submissions, that no adequate explanation for the delay was given, that the documents were illegible, and that ownership issues belonged at trial. The Court framed a single issue: whether the Applicants established sufficient basis for leave to introduce additional material at that stage. Balancing procedural compliance with the overriding objective, the Court held the material was relevant and not extraneous, and that any prejudice could be mitigated by allowing the Respondent to respond. The Court allowed the application, admitted the Further Affidavit sworn on 10th April 2026 as duly filed, granted the Respondent two days to file a Further Replying Affidavit and supplementary submissions, directed the Applicants to file supplementary submissions within two days of service, scheduled the ruling on the Notice of Motion dated 29th January 2026 for 11th May 2026 at 12:00 noon, and ordered costs of the application to be in the cause. No authority was cited and no party's claim was finally determined at this interlocutory stage.
Key legal issues
#01
Whether leave should be granted to introduce a Further Affidavit and supplementary documents at an interlocutory stage, shortly before a scheduled ruling
Holding
Leave granted; the Further Affidavit was admitted and deemed duly filed despite late filing, because the material was relevant, any prejudice could be mitigated by allowing the Respondent to respond, and the matter should be determined on a complete record.
Reasoning
The Court acknowledged concerns about timing and non-compliance with earlier directions, but noted the material had already been placed on record and was not extraneous to the pending applications. Prejudice to the Respondent could be mitigated by granting him two days to file a further replying affidavit and supplementary submissions. Adherence to procedural timelines had to be balanced against the need for a proper and complete record.
p. 3
Legal principles established
#- In deciding whether to admit additional evidence, the Court considers relevance, explanation for late introduction, and prejudice, balancing procedural timelines with the need to determine the matter on a complete record.
Court orders
#- 1.The Notice of Motion dated 23rd March 2026 is allowed; the Further Afidavit sworn on 10th April 2026 is admitted and deemed as duly filed
- 2.The Respondent is granted leave to file and serve a Further Replying Afidavit, if any, within two (2) days
- 3.The Respondent to file and serve supplementary submissions, if any, within two (2) days of filing the Further Replying Afidavit; the Applicants to file and serve supplementary submissions, if any, within two (2) days of service
- 4.Ruling in respect of the Notice of Motion dated 29th January 2026 to be delivered on 11th May 2026 at 12:00 noon
- 5.Costs of the application to be in the cause
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act (Cap. 21); Order 40 Rules 1, 2 and 4 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Wairimu & another (Suing as the administrators of the Estate of Regina Wairimu - Deceased) v Nuni (Land Case E020 of 2026) [2026] KEELC 2400 (KLR)", Case Analysis (2026). Not stated in the judgment (Notice of Motion dated 23rd March 2026 within a pending suit). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2400/eng@2026-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.