[2002] KEHC 112 (KLR)
The court held that amendments to the formal parts of a Notice of Motion in judicial review proceedings are permissible, as there is no express prohibition under Order 53 of the Civil Procedure Rules. The court found that the proposed amendment related only to the heading and did not affect the substantive merits of...
Source-derived case information.
- Citation
- [2002] KEHC 112 (KLR)
- Parties
- Applicant: Anglican Church of Kenya (Upper Coast Diocese); Applicant: Idime Enterprises; Respondent: Addah Nyambok
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 63 of 2000
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Amend Notice of Motion
- Outcome
- application to amend notice of motion granted
- Legal Topics
- Amendment of Pleadings, Judicial Review Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Anglican Church of Kenya (Upper Coast Diocese)
Applicant
Idime Enterprises
Applicant
Addah Nyambok
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Amend Notice of Motion
Legal Issues
- 1 Whether the applicant should be granted leave to amend the heading of the Notice of Motion in judicial review proceedings.
- 2 Whether such amendment is prohibited under Order 53 of the Civil Procedure Rules.
Ratio Decidendi
The court held that amendments to the formal parts of a Notice of Motion in judicial review proceedings are permissible, as there is no express prohibition under Order 53 of the Civil Procedure Rules. The court found that the proposed amendment related only to the heading and did not affect the substantive merits of the application. Citing authority from the Court of Appeal, the court emphasized that want of form in the heading is not sufficient to deprive the court of its discretion to grant the orders sought. Furthermore, since no prejudice would be occasioned to the parties, the court exercised its discretion in favor of allowing the amendment. The parties served are given liberty to...
Court Disposition
application to amend notice of motion granted
Orders
- The applicant is granted leave to amend the heading of the Notice of Motion as sought.
- Parties served may file affidavits in reply to the amendments if they see fit.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT MOMBASAMISC. CIVIL APPL. NO.63 OF 2000
ANGLICAN CHURCH OF KENYA(UPPER COAST DIOCESE)AND IDIME ENTERPRISES ……………………………… APPLICANTSVERSUSADDAH NYAMBOK …………………………………….. RESPONDENTRULING
This application seeks to amend Notice of Motion filed and dated 20th April, 2000 in the proceedings of Judicial Review. The proposed amendments relate to the heading of the Notice of Motion. This amendment relates only to formal parts of the Motion and I see no purpose of denying the order as I am urged to do by counsel for interested party. No prejudice will be occasioned. In the case of Civil Appeal No.95 of 1990 in the Court of Appeal that court had to say of want of form in a similar application –
“Lastly we respectively agree with the view of the judge that there was want of form in the heading of the application and that it should have been instituted as R. v. Resident Magistrate’s ex-parte the Heirs of Peter Francis Gomes. This irregularity, however, was not itself sufficient to deprive the judge of this discretion to grant the orders sought.” I do not see any provision under Order 53 Civil Procedure Rules that prohibits amendments of Motions filed hereunder. I therefore grant the orders sought. The parties served shall be at liberty to file affidavits in reply to the amendments if they see it fit. Costs shall be in the cause.
Dated at Mombasa this 20th Day of March, 2002. J. KHAMINWA
COMMISSIONER OF ASSIZE
Mr. Wameyo for Respondent. Mr. Wamti Ndegwa, - Not present. J. KHAMINWA COMMISSIONER OF ASSIZE