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Write an affidavit to oppose an application to file additional documents. The documents have been with the applicant since 2017

Introduction

In the context of Kenyan law, an affidavit is a written statement confirmed by oath or affirmation, used as evidence in court. The purpose of this affidavit is to oppose an application to file additional documents that have been in the possession of the applicant since 2017. This affidavit will be structured in accordance with the Civil Procedure Act (Cap 21) and the Oaths and Statutory Declarations Act (Cap 15).

Table of Contents

1. Affidavit Heading

2. Introduction and Identification of Deponent

3. Statement of Facts

4. Grounds for Opposition

5. Conclusion

6. Verification Clause

1. Affidavit Heading

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT [NAME OF COURT]

CIVIL CASE NO. [CASE NUMBER]

[PLAINTIFF/APPLICANT]

VERSUS

[DEFENDANT/RESPONDENT]

2. Introduction and Identification of Deponent

I, [Your Full Name], of Post Office Box Number [Your P.O. Box], in the Republic of Kenya, do hereby make oath and state as follows:

3. Statement of Facts

1. Background Information

   • I am an adult of sound mind and the [Plaintiff/Defendant/Respondent] in this case, hence competent to swear this affidavit.

   • The facts deposed herein are within my personal knowledge and belief, save where otherwise stated, and where so stated, I verily believe them to be true.

2. Case Background

   • The applicant filed this suit on [Date of Filing the Suit].

   • The applicant has been in possession of the documents in question since 2017.

3. Application to File Additional Documents

   • On [Date of Application], the applicant filed an application seeking leave to file additional documents.

   • The documents sought to be filed have been in the applicant's possession since 2017.

4. Grounds for Opposition

1. Delay in Filing Documents

   • The applicant has had ample time since 2017 to file these documents.

   • The delay in filing these documents is inordinate and unexplained.

   • Reference: Civil Procedure Act, Cap 21, Section 1A and 1B (Overriding Objective).

2. Prejudice to the Respondent

   • Allowing the filing of these additional documents at this stage will prejudice my case.

   • It will disrupt the trial process and cause unnecessary delays.

   • Reference: Civil Procedure Act, Cap 21, Section 3A (Inherent Powers of the Court).

3. Abuse of Court Process

   • The application to file additional documents is an abuse of the court process.

   • The applicant is attempting to introduce evidence at a late stage to gain an unfair advantage.

   • Reference: Oaths and Statutory Declarations Act, Cap 15, Section 5 (Affidavits).

4. Lack of Justifiable Reason

   • The applicant has not provided any justifiable reason for the delay in filing these documents.

   • The court should not condone such laxity and lack of diligence.

   • Reference: Civil Procedure Rules, Order 11 (Case Management).

5. Conclusion

In light of the above, I humbly pray that this Honourable Court dismisses the applicant's application to file additional documents with costs to the respondent.

6. Verification Clause

I, [Your Full Name], the deponent herein, do hereby verify that the contents of this affidavit are true to the best of my knowledge, information, and belief.

SWORN at [Location] by the said

[Your Full Name]

This [Date] day of [Month], [Year]

_________________________

DEPONENT

BEFORE ME

_________________________

COMMISSIONER FOR OATHS

Conclusion

This affidavit has been structured to provide a comprehensive opposition to the application to file additional documents. The grounds for opposition are based on the delay in filing, prejudice to the respondent, abuse of court process, and lack of justifiable reason. The affidavit concludes with a prayer for the dismissal of the application with costs to the respondent.

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