[2009] KEHC 2789 (KLR)

[2009] KEHC 2789 (KLR)

The court held that although judicial review is a special jurisdiction, the Civil Procedure Rules may be applied where Order LIII is silent. There is no specific rule prohibiting amendment of the originating application in judicial review proceedings. The absence of such a rule does not mean that amendments are not permitted. The court retains the power to allow amendments where it serves the ends of justice and does not cause irreparable prejudice to the other parties. The defect in the form of the application was not fatal and did not go to jurisdiction. The proposed amendment, which was to indicate the Republic as the applicant, would not alter the parties' substantive claims and any...

Citation
[2009] KEHC 2789 (KLR)
Parties
Applicant: Alexander Mutua Hosea; Interested Party: Julius Mbaabu M'Mweti; Interested Party: Joseph Gachau Muturi; Interested Party: Michael Gitau Ngae; Respondent: The Chief Magistrate Mombasa; Respondent: The Land Registrar Mombasa
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Judgment Date
25 May 2009
Case Number
Miscellaneous Civil Application 472 of 2002
Procedural Posture
Miscellaneous Application / Ruling on Application to Amend Heading of Judicial Review Motion
Outcome
application allowed
Legal Topics
Judicial Review Procedure, Amendment of Pleadings, Prerogative Orders, Applicability of Civil Procedure Rules
Source Language
English
Civil Procedure Administrative Law Judicial Review Procedure Amendment of Pleadings Prerogative Orders Applicability of Civil Procedure Rules

Case Brief

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Parties

Alexander Mutua Hosea

Applicant

Julius Mbaabu M'Mweti

Interested Party

Joseph Gachau Muturi

Interested Party

Michael Gitau Ngae

Interested Party

The Chief Magistrate Mombasa

Respondent

The Land Registrar Mombasa

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application to Amend Heading of Judicial Review Motion

Legal Issues

  1. 1 Whether the applicant should be granted leave to amend the heading of his judicial review application to indicate the Republic as the applicant.
  2. 2 Whether the Civil Procedure Rules apply to judicial review proceedings for the purpose of amendment.
  3. 3 Whether the proposed amendment would occasion prejudice to the interested parties or respondents.

Ratio Decidendi

The court held that although judicial review is a special jurisdiction, the Civil Procedure Rules may be applied where Order LIII is silent. There is no specific rule prohibiting amendment of the originating application in judicial review proceedings. The absence of such a rule does not mean that amendments are not permitted. The court retains the power to allow amendments where it serves the ends of justice and does not cause irreparable prejudice to the other parties. The defect in the form of the application was not fatal and did not go to jurisdiction. The proposed amendment, which was to indicate the Republic as the applicant, would not alter the parties' substantive claims and any...

Court Disposition

application allowed

Orders

  • Leave granted to amend the heading of the application to indicate the Republic as the applicant.
  • The amended Notice of Motion to be filed and served within seven days from the date of the ruling.