[2013] KEHC 4896 (KLR)
The court found that the applicants failed to provide sufficient reasons or disclose the interest of Peter Komen in the matter, thereby failing to satisfy the principles governing amendment of pleadings and joinder of parties. The application did not meet the requirements of good faith, clarity, and materiality as...
Source-derived case information.
- Citation
- [2013] KEHC 4896 (KLR)
- Parties
- Applicant: Benjamin Kipsorno Komen; Applicant: Joyce Taplulei; Applicant: Jeremiah Chepkeitany; Respondent: Henry Kibet Rotich
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 340 of 2009
- Procedural Posture
- Civil Case / Ruling on Application to Amend Plaint
- Outcome
- application dismissed with costs
- Legal Topics
- Amendment of Pleadings, Joinder of Parties, Court Discretion, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benjamin Kipsorno Komen
Applicant
Joyce Taplulei
Applicant
Jeremiah Chepkeitany
Applicant
Henry Kibet Rotich
Respondent
Procedural Posture
Civil Case / Ruling on Application to Amend Plaint
Legal Issues
- 1 Whether the applicants have satisfied the legal principles for amendment of pleadings under Section 100 of the Civil Procedure Act and Order 8 of the Civil Procedure Rules.
- 2 Whether the proposed joinder of Peter Komen as a plaintiff is justified and supported by sufficient reasons.
- 3 Whether the proposed amendments would prejudice the respondent or are necessary for the determination of the real issues in dispute.
Ratio Decidendi
The court found that the applicants failed to provide sufficient reasons or disclose the interest of Peter Komen in the matter, thereby failing to satisfy the principles governing amendment of pleadings and joinder of parties. The application did not meet the requirements of good faith, clarity, and materiality as set out in the Civil Procedure Act, Civil Procedure Rules, and relevant case law. As a result, the application to amend the plaint and join Peter Komen as a plaintiff was dismissed with costs to the respondent.
Court Disposition
application dismissed with costs
Orders
- The application to amend the plaint and join Peter Komen as a plaintiff is dismissed.
- The applicants shall pay the costs of the application to the respondent.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
High Court at Nakuru
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BENJAMIN KIPSORNO KOMEN……………………...1ST APPLICANT/PLAINTIFF
JOYCE TAPLULEI.……………………………………….2ND APPLICANT/PLAINTIFF
JEREMIAH CHEPKEITANY……………………………….3RD APPLICANT/PLANTIFF
VERSUS
HENRY KIBET ROTICH…………….…………………...RESPONDENT/DEFENDANT
RULING
By dint of Section 100 of the Civil Procedure Act and Order 8 of the Civil Procedure Rules, the court has jurisdiction at any stage of the trial (except with regard to judgment) or even on appeal to amend pleadings for the purpose of determining the real question or issue in a dispute. But in applying to amend pleadings, the applicant must act in good faith; the exact nature of the proposed amendment must be formulated and submitted to the other side and to the court; if the court is not satisfied as to the truth and substantiality of the proposed amendment, it ought to be disallowed; the proposed amendment must not be immaterial or useless or merely technical. These principles enunciate in Joseph Ochieng’ V. First National Bank of Chicago, Civil Appeal No.149 of 1991 among other principles, must be satisfied before an application for amendment can be allowed.
In the instant chamber summons, the applicant, Peter Komen seeks an amendment to the plaint to include him as the 4th plaintiff. In an affidavit to support the application, counsel for the applicant has simply deposed that he is familiar with the facts of the case and that after taking further instructions from the plaintiffs, it has become necessary to amend the plaint. Clearly, no reasons have been advanced for wanting to joint Peter Komen.
Apart from seeking to join Peter Komen, the application proposes minor amendment to paragraph 6 of the plaint to the effect that, due to the fraudulent and illegal actions of the defendant, the plaintiffs have suffered loss and damages.
The respondent has opposed the application arguing that it is only meant to delay the determination of H.C.C.C. NO.340 of 2009 and that the proposed amendments are not crucial in the determination of the dispute herein and will be prejudicial to the respondent and the beneficiaries of the estate of their deceased father.
Without disclosing who Peter Komen is and what interest he has in the matter, the applicants have failed to satisfy the principles in Joseph Ochieng’ (Supra)
In the result, this application fails and is dismissed with costs.
Dated and Signed at Nakuru this 18th day of January, 2013.
W. OUKO
JUDGE
Dated, Signed and Delivered at Nakuru this 29th day of January, 2013 by Hon. Justice M. J. Anyara Emukule.
JUDGE