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

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Introduction

In legal proceedings, an affidavit is a written statement confirmed by oath or affirmation, used as evidence in court. When opposing an application to file additional documents, it is crucial to present a clear and concise argument, supported by relevant facts and legal principles. This affidavit will outline the reasons for opposing the application, emphasizing the undue delay and potential prejudice to the opposing party.

Affidavit Heading
Introduction and Background
Grounds for Opposition
- Undue Delay
- Prejudice to the Opposing Party
- Lack of Justification
Conclusion
Sources

1. Affidavit Heading

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT [LOCATION]

CIVIL CASE NO. [CASE NUMBER]

BETWEEN

[PLAINTIFF'S NAME]

PLAINTIFF

AND

[DEFENDANT'S NAME]

DEFENDANT

AFFIDAVIT IN OPPOSITION TO THE APPLICATION TO FILE ADDITIONAL DOCUMENTS

2. Introduction and Background

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

Introduction: I am an adult of sound mind and the [Plaintiff/Defendant] in this matter, hence competent to swear this affidavit.
Background: The applicant has filed an application seeking leave to file additional documents in this case. The documents in question have been in the applicant's possession since 2017.

3. Grounds for Opposition

3.1 Undue Delay

Delay in Filing: The applicant has had the documents since 2017, yet they have only now sought to introduce them. This delay of over seven years is inordinate and unexplained.
Legal Precedent: According to Kenyan law, undue delay in filing documents can be grounds for denying such an application. The principle of laches, which bars claims where there has been an unreasonable delay, is applicable here.

3.2 Prejudice to the Opposing Party

Preparation for Trial: The introduction of these documents at this late stage would prejudice my ability to prepare adequately for trial. I have already formulated my case based on the documents initially filed.
Fair Hearing: Allowing the additional documents would compromise the fairness of the proceedings, as it would necessitate additional time and resources to review and respond to the new evidence.

3.3 Lack of Justification

No Valid Reason: The applicant has not provided a valid reason for the delay in filing these documents. The absence of a reasonable explanation suggests that the application is an afterthought, aimed at gaining an unfair advantage.
Procedural Fairness: The rules of procedure are designed to ensure fairness and efficiency in the administration of justice. Granting this application would undermine these principles.

4. Conclusion

In light of the above, I respectfully request that this Honourable Court dismiss the applicant's request to file additional documents. The undue delay, potential prejudice to the opposing party, and lack of justification for the late filing all support the denial of this application.

5. Sources

SWORN by the said [Your Full Name]

This [Day] day of [Month], 2024

_________________________

DEPONENT

BEFORE ME