[2013] KEHC 845 (KLR)
The court found that since the application for leave to further amend the suit was unopposed, it was just and proper to grant the applicant leave to amend. However, the court declined to deem the draft amended plaint as properly filed, instead directing the applicant to file and serve the amended plaint within 45...
Source-derived case information.
- Citation
- [2013] KEHC 845 (KLR)
- Parties
- Applicant: Ayub Muthuri Ikiara; Respondent: County Council of Meru
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 55 of 2003
- Procedural Posture
- Civil Case / Ruling on Application for Leave to Further Amend Plaint
- Outcome
- Application allowed in part.
- Judges
- FM Njoroge
- Legal Topics
- Amendment of Pleadings, Leave of Court, Costs in the Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ayub Muthuri Ikiara
Applicant
County Council of Meru
Respondent
Procedural Posture
Civil Case / Ruling on Application for Leave to Further Amend Plaint
Legal Issues
- 1 Whether the plaintiff/applicant should be granted leave to further amend the suit.
- 2 Whether the amended plaint should be deemed as properly filed.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court found that since the application for leave to further amend the suit was unopposed, it was just and proper to grant the applicant leave to amend. However, the court declined to deem the draft amended plaint as properly filed, instead directing the applicant to file and serve the amended plaint within 45 days. The court further ordered that costs be in the cause, reflecting the unopposed nature of the application and the interests of justice.
Court Disposition
Application allowed in part.
Orders
- The Plaintiff/Applicant is allowed leave to further amend the suit.
- The Plaintiff/Applicant shall file and serve the amended plaint within 45 days.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO. 55 OF 2003
AYUB MUTHURI IKIARA.....................................................PLAINTIFF/APPLICANT
VERSUS
COUNTY COUNCIL OF MERU.....................................DEFENDANT/RESPONDENT
R U L I N G
The application herein is dated 9th October, 2013 and seeks the following orders:
THATthis Honourable Court be pleased to grant leave to the Plaintiff/Applicant to further amend the suit herein
THATthe Amended Plaint herein be deemed as properly filed.
THATthe costs of this Application be in the cause.
As the Application is unopposed, it is allowed with respect to prayer No.1.
In the circumstances, I give the following orders:
The Plaintiff/Applicant is allowed leave to further amend the suit.
He should file and serve the amended plaint within 45 days.
The draft amended plaint is not deemed as properly filed.
Costs should be in the cause.
Delivered in Open Court at Meru this 10th day of October, 2013 in the presence of:
Cc Mwonjaru
Nyenyire h/b Kiambi for Plaintiff/Applicant
Kirima h/b for Kiautha Arithi for Defendant/Respondent
P. M. NJOROGE
JUDGE