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Practice Directions Relating to Case Management in the Commercial and Admiralty Division of the High Court at Nairobi

147/95-149/96 Sir Dawda K. Jawara / Gambia (The)

 

 

PRACTICE DIRECTIONS RELATING TO CASE MANAGEMENT IN THE COMMERCIAL AND ADMIRALTY DIVISION

 OF THE HIGH COURT AT NAIROBI

  Content

 The Kenya Gazette Vol. CXVI- No 89, Nairobi, 28th July 2014

GAZETTE NOTICE NO. 5179

THE CONSTITUTION OF KENYA

THE JUDICATURE ACT

(CAP. 8)

THE CIVIL PROCEDURE ACT

(CAP. 21)

PRACTICE DIRECTIONS RELATING TO CASE MANAGEMENT IN THE COMMERCIAL AND ADMIRALTY DIVISION

 OF THE HIGH COURT AT NAIROBI

IN EXERCISE of the powers under Article 161 (2) (a) and Article 165 (6) of the Constitution of Kenya, in pursuance of Section 10 of the Judicature Act, Chapter 8 of the Laws of Kenya which makes provisions for the Chief Justice to make rules of court for regulating the practice and procedure in the High Court and the Civil Procedure Act, Chapter 21 of the Laws of Kenya, and the Civil Procedure Rules, 2010,  the Chief Justice makes the following practice directions in the interest of effective case management for the expeditious disposal of cases of a  commercial nature, commenced by Plaint or Originating Summons which are proceeding to hearing in the Commercial and Admiralty Division of the High Court of Kenya at Nairobi.

1. It is hereby ordered pursuant to Order 11 Rule 1 of the Civil Procedure Rules, 2010 that all suits commenced by Plaint or Originating Summons and proceeding to hearing in the Commercial & Admiralty Division of the High Court in Nairobi are exempt from Order 11 of the Civil Procedure Rules, 2010.

2. On close of the pleadings any party may file the Case Management Checklist [appendix A to this Practice Direction].

3. The party filing the Case Management Checklist shall complete page 1 of the Checklist with:

(a) The name and details of all parties.

(b) The name of the firm of Advocates appearing for each party together with the address details including telephone number and e-mail address.  If any party is appearing in person, then this shall be stated together with the address details.

(c)  The details of all pleadings which have been filed with the date on which each pleading was filed to assist the Court in identifying the relevant pleadings.  If any pleading has been amended then details of the original and amended pleadings should be inserted.

(d) The details of all Bundles of Documents and List of Witnesses and the statements of such witnesses which have been filed.

4. The party filing the Case Management Checklist shall within 7 days of filing, serve the Case Management Checklist on all other parties to the suit and shall write to all other parties, with a copy to the Court, inviting those other parties to meet at the Commercial Division Registry with a view to fixing a date for the Case Management Conference.  If any party is not present when the date for the Case Management Conference is fixed, the party filing the Case Management Checklist shall forthwith serve on such parties a hearing notice giving notice of the date and time fixed for the Case Management Conference.

5. Case Management Conference shall be heard on Fridays.

6. At least 7 days before the date fixed for the Case Management Conference each party shall file and serve on all other parties the Case Management Request indicating what orders or directions that party will request at the Case Management Conference [appendix B to this Practice Direction].

7. The Case Management Request shall state briefly the nature of the order or directions requested with any necessary documents attached e.g. draft amended pleading; request for particulars; request for interrogatories.

8. If any party requires an order or direction which has not been provided for in the Case Management Request then the party shall use the “12.  Other Applications” box.  This will include third party notices; third party directions; directions on notices between co-defendants; directions on an Originating Summons.

9. At the Case Management Conference the Judge will complete the Case Management Checklist and give all necessary directions for the expeditious and fair hearing of the suit.  For this purpose the Judge will expect the advocate who appears on the Case Management Conference to be the advocate having the conduct of the suit or an advocate familiar with all aspects of the suit and fully instructed to deal with all matters which may arise on the Case Management Conference, so as to avoid unnecessary adjournments.

10. The Judge will record any directions given or orders made on the Case Management Checklist and will inform the parties present in Court of such directions and orders.

11. Where appropriate the Judge will give a time for compliance with such directions or orders and will fix a further date for the Case Management Conference with a view to recording compliance; or where appropriate making a specific “Unless Order” imposing a time for compliance and stating that unless compliance is achieved by the specified time the Judge will make such orders as are necessary and just, including striking out where appropriate.

12. In the interest of avoiding unnecessary costs and delay the Judges in the Division wish to encourage parties to consider Alternative Dispute Resolution – conciliation, mediation and arbitration.  This is question 5 in the Case Management Checklist and will be considered by the Court before moving on to the other questions in the Case Management Checklist.

13. Bundles of Documents:

(a) All bundles of documents filed will have every page numbered and all documents will be indexed.  It is recommended that numbering be at the foot of the page so as to leave the top right hand corner for numbering of any Record of Appeal to the Court of Appeal.  The numbering should be legible and the same on all copies of the bundle.

(b) Normally bundles should be prepared containing all documents arranged chronologically, but where the advocate having the conduct of the matter is of the opinion that for the purposes of clarity it is desirable to arrange documents in separate categories [e.g securities; reports; opinions; correspondence; pleadings in another case] then the documents may be so arranged either in separate bundles or with dividers in the same bundle, but all documents in each category shall be in chronological order with every page numbered.

(c)  Parties should endeavor to avoid duplicating documents which are already in an earlier bundle filed by another party, unless there is some particular reason for including a second copy of that document.

14. Statements of Evidence:

(a) All statements should identify all documents referred to or relied on by reference to the Bundle in which the documents appear with the relevant page number [e.g Plaintiff’s Bundle of Documents page 5].

(b) It is the practice in the Division that at the hearing each witness will be sworn and then adopt his statement of evidence.  Subject to the discretion of the Judge hearing the suit, only minimal highlighting will normally be allowed.  Therefore if additional matters arise from subsequent Bundles of Documents or statements of evidence leave should be obtained at the Case Management Conference for further statements of evidence or bundles to be filed.

15. Applications:

(a) With the exception of applications for injunctions filed with the filing of the Plaint, all applications should as far as possible be raised and dealt with at the Case Management Conference.

(b) On hearing any application for an injunction or on the delivery of a ruling on an injunction application, the Judge may proceed to give directions for a Case Management Conference with a view to the speedy resolution of the matters in dispute.

(c)  The affidavit filed in connection with any application may make reference to documents contained in any Bundle of Documents which has been filed and it shall not be necessary to exhibit such documents to the affidavits.

(d) Any application to strike out pleadings or for judgment on admission shall be made at the Case Management Conference and may not be made after completion of the Case Management Conference.

16. When the Judge is satisfied that all directions and orders made on the Case Management Checklist have been complied with, the Judge shall complete the certificate at the end of the Checklist.  No case may be set down for hearing until the certificate has been signed.

17. This Practice Direction shall apply to all cases pending at the date hereof as well as to all cases filed hereafter.  However, if a case has already been confirmed as ready for hearing prior to the date hereof, it shall not be necessary to comply with the provisions of this Practice Direction.

Dated the 25th July, 2014.

WILLY MUTUNGA,

Chief Justice/President Supreme Court of Kenya.

 

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