[2022] KEHC 15422 (KLR)
The court found that the application for leave to amend the statement of defence and counterclaim was unopposed, as the respondent had been served and granted time to respond but failed to do so. In the absence of opposition, and in line with the principles of fair hearing and procedural justice, the court exercised...
Source-derived case information.
- Citation
- [2022] KEHC 15422 (KLR)
- Parties
- Plaintiff: Barclays Bank of Kenya Limited; Defendant: Elizabeth Agidza; Defendant: Nathan Ondego Mdeizi; Defendant: Alfred Sagwa Mdeizi
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Commercial Case 3 of 2020
- Procedural Posture
- Commercial Case / Ruling on Unopposed Application for Leave to Amend Defence and Counterclaim
- Outcome
- Application allowed; leave granted to file amended defence and counterclaim; directions issued for further pleadings and compliance.
- Judges
- RE Aburili
- Legal Topics
- Amendment of Pleadings, Leave to Amend, Counterclaim Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Barclays Bank of Kenya Limited
Plaintiff
Elizabeth Agidza
Defendant
Nathan Ondego Mdeizi
Defendant
Alfred Sagwa Mdeizi
Defendant
Procedural Posture
Commercial Case / Ruling on Unopposed Application for Leave to Amend Defence and Counterclaim
Legal Issues
- 1 Whether the defendant should be granted leave to file an amended statement of defence and counterclaim.
- 2 Whether the application for leave to amend is opposed or unopposed.
Ratio Decidendi
The court found that the application for leave to amend the statement of defence and counterclaim was unopposed, as the respondent had been served and granted time to respond but failed to do so. In the absence of opposition, and in line with the principles of fair hearing and procedural justice, the court exercised its discretion to allow the application. The court further issued directions for the timelines within which the amended pleadings and replies should be filed and served by both parties, ensuring orderly progression of the matter.
Court Disposition
Application allowed; leave granted to file amended defence and counterclaim; directions issued for further pleadings and compliance.
Orders
- The defendant is granted leave to file an amended statement of defence and counterclaim and serve upon the plaintiff within 21 days.
- The plaintiff shall have 15 days from the date of service to file and serve a reply to the amended defence and counterclaim or an amended plaint as the case may be.
Full Case Text
Judgment text and source record
25 paragraphs
Barclays Bank of Kenya Limited v Agidza & 2 others (Commercial Case 3 of 2020) [2022] KEHC 15422 (KLR) (15 November 2022) (Ruling)
Neutral citation: [2022] KEHC 15422 (KLR)
Republic of Kenya
In the High Court at Kisumu
Commercial Case 3 of 2020
RE Aburili, J
November 15, 2022
Between
Barclays Bank of Kenya Limited
Plaintiff
and
Elizabeth Agidza
1st Defendant
Nathan Ondego Mdeizi
2nd Defendant
Alfred Sagwa Mdeizi
3rd Defendant
Ruling
1. The Application dated 27th July 2021 is not opposed. It was served upon the Respondent who was also granted time to file and serve a Replying Affidavit within seven (7) days of 14th June 2022 but to date, no Replying Affidavit has been filed.
2. Accordingly, I find that the application is unopposed. The same is hereby allowed. The defendant is granted leave to file an amended statement of defence and counterclaim and serve upon the Plaintiff within 21 days of today upon which the Plaintiff shall have 15 days of the date of service to file and serve a Reply to the amended Defence and Counterclaim or an amended Plaint as the case may be.
3. In addition, upon receipt of the amended plaint or Reply to amended defence and counterclaim, the defendant has leave of 10 days within which to file and serve a Reply to the amended Plaint in view of the counterclaim aspect.
4. Mention on 18th January 2023 to confirm compliance and for directions on the pretrial requirements.
5. The Defendant to serve the Plaintiff with copy of this Ruling.
6. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15TH DAY OF NOVEMBER 2022R. E. ABURILIJUDGE