[2025] KECPT 255 (KLR)

[2025] KECPT 255 (KLR)

The Tribunal found that the Respondent's application to amend its Statement of Defence and include a counterclaim met the legal threshold for amendment of pleadings. The proposed amendments and counterclaim relate directly to the loan facilities advanced to the Claimant and provide a detailed account of the...

Source-derived case information.

Citation
[2025] KECPT 255 (KLR)
Parties
Applicant: Eunice Awuor Barrack; Respondent: Dhamini Sacco Limited
Court
Cooperative Tribunal
Jurisdiction
Kenya
Judgment Date
29 April 2025
Case Number
Tribunal Case 158.E002 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Amend Defence and Include Counterclaim
Outcome
application allowed
Judges
BM Kimemia, Janet Mwatsama, B Sawe, F Lotuiya, P. Gichuki, M Chesikaw
Legal Topics
Amendment of Pleadings, Counterclaim Procedure, Loan Default Disputes, Security for Loans
Source Language
english
Civil Procedure Banking and Finance Amendment of Pleadings Counterclaim Procedure Loan Default Disputes Security for Loans

Source-derived case record

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Parties

Eunice Awuor Barrack

Applicant

Dhamini Sacco Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for Leave to Amend Defence and Include Counterclaim

Legal Issues

  1. 1 Whether the Respondent should be granted leave to amend its Statement of Defence and include a counterclaim.
  2. 2 Whether the proposed amendments and counterclaim introduce a new cause of action or prejudice the Claimant.
  3. 3 Whether the amendments are necessary for determining the real questions in controversy between the parties.

Ratio Decidendi

The Tribunal found that the Respondent's application to amend its Statement of Defence and include a counterclaim met the legal threshold for amendment of pleadings. The proposed amendments and counterclaim relate directly to the loan facilities advanced to the Claimant and provide a detailed account of the transactions, without introducing any new or inconsistent cause of action. The Tribunal held that the amendments are necessary for determining the real questions in controversy between the parties and will save judicial time by avoiding multiplicity of suits. The Claimant will not suffer prejudice as she will have an opportunity to respond to the amended pleadings and counterclaim. The...

Court Disposition

application allowed

Orders

  • The Amended Notice of Motion dated 16th December, 2024 succeeds.
  • The annexed Draft Amended Defence and Counter-Claim dated 30th May, 2024 is deemed as duly filed and served subject to payment of fees.