JUDGMENT OF THE COURT
The appellant, Ntarangwi M’ikiara has filed an appeal against the ruling and orders made in ELC Case No. 202 of 1995 on 12th July 2017, wherein the court declined to grant his application to produce a document in the course of a witness’ testimony which had not been included in the appellant’s list of documents.
A brief background will provide context.
The appellant filed his list of documents on 24th February 2016 and the suit was eventually certified as ready for hearing after the parties affirmed that they had complied with Order 11 of the Civil Procedure Act during the pre-trial conference. As the case proceeded for hearing on 8th May, 2017, the appellant’s witness attempted to produce the “proper minutes of the
Town Planning and Works Committee held on 17th January 1978”.
The respondent raised an objection claiming that pre-trial directions had been taken and that the production of the document when the hearing had already started was an ambush. This objection wa…