[2006] KEHC 3193 (KLR)
The court held that the general principle is to allow amendments to pleadings if they do not cause injustice to the other party, and that any inconvenience can usually be compensated by costs. The defendant's opposition, based solely on a denial of the claim, was not a sufficient reason to refuse the amendment. The...
Source-derived case information.
- Citation
- [2006] KEHC 3193 (KLR)
- Parties
- Plaintiff: British Airways PLC (carrying on business as British Airways World Cargo); Defendant: Freight In Time Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 285 of 2004
- Procedural Posture
- Civil Case / Ruling on Application to Amend Plaint
- Outcome
- Application for leave to amend plaint allowed.
- Judges
- DW Mbuteti
- Legal Topics
- Amendment of Pleadings, Leave to Amend, Costs of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
British Airways PLC (carrying on business as British Airways World Cargo)
Plaintiff
Freight In Time Limited
Defendant
Procedural Posture
Civil Case / Ruling on Application to Amend Plaint
Legal Issues
- 1 Whether the plaintiff should be granted leave to amend the plaint to substitute the sum claimed.
- 2 Whether allowing the amendment would occasion injustice to the defendant.
Ratio Decidendi
The court held that the general principle is to allow amendments to pleadings if they do not cause injustice to the other party, and that any inconvenience can usually be compensated by costs. The defendant's opposition, based solely on a denial of the claim, was not a sufficient reason to refuse the amendment. The court found no injustice would be occasioned to the defendant by permitting the amendment and therefore granted the plaintiff leave to amend the plaint, with the defendant to have costs of the application.
Court Disposition
Application for leave to amend plaint allowed.
Orders
- Plaintiff granted leave to file an amended plaint within seven (7) days of delivery of this ruling.
- Defendant may file an amended defence within fourteen (14) days of service of the amended plaint.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS) Civil Case 285 of 2004
BRITISH AIRWAYS PLC(carrying on business as
BRITISH AIRWAYS WORLD CARGO)………….....................................…….PLAINTIFF
VERSUS
FREIGHT IN TIME LIMITED……………………….................................……DEFENDANT
R U L I N G
This is an application (by chamber summons dated 13th December, 2005) for leave to amend the plaint brought under Order 6A, rule 3 of the Civil Procedure Rules. The amendment sought is to substitute US$ 371,967/00 as the sum claimed in place of US$ 298,413/00. The Defendant seems to oppose the application upon the ground that the claim is denied. This is not a sufficient reason to oppose amendment. The Defendant will have the opportunity to defend the claim at the trial.
The general principal in matters of amendment to pleadings is that amendments should be freely allowed if they can be made without injustice to the other side, and usually there will be no injustice if the other side can be compensated by costs. See the East African Court of Appeal Case of EASTERN BAKERY –VS- CASTELINO (1958) EA 461.
Having considered all the materials placed before the court, and having considered the submissions of the learned counsels appearing, I hold that no injustice will be occasioned to the Defendant by permitting the amendment sought. I will therefore allow this application. The Plaintiff may file an amended plaint within seven (7) days of delivery of this ruling. The Defendant may in its turn file an amended defence within fourteen (14) days of service upon it of the amended plaint. The Defendant shall have the costs of this application. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 22ND DAY OF FEBRUARY, 2006.
H.P.G. WAWERU
JUDGE
DELIVERED THIS 3RD DAY OF MARCH, 2006.