[2016] KEHC 2837 (KLR)
The court found that the intended amendments were limited to paragraph 18 of the draft amended petition and were necessary to plead the widow of a deceased heir and surviving heirs, thereby enabling a just and conclusive determination of the matter. The application was not opposed, and the court was satisfied that...
Source-derived case information.
- Citation
- [2016] KEHC 2837 (KLR)
- Parties
- Applicant: Charles Kiunga M'Mbogori; Respondent: Meru University of Science & Technology; Respondent: National Museums of Kenya; Respondent: Land Adjudication Officer, Uringu Adjudication Section; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition 22 of 2013
- Procedural Posture
- Constitutional Petition / Ruling on Application for Leave to Amend Petition
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Amendment of Pleadings, Leave to Amend, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Kiunga M'Mbogori
Applicant
Meru University of Science & Technology
Respondent
National Museums of Kenya
Respondent
Land Adjudication Officer, Uringu Adjudication Section
Respondent
Attorney General
Respondent
Procedural Posture
Constitutional Petition / Ruling on Application for Leave to Amend Petition
Legal Issues
- 1 Whether the petitioner should be granted leave to amend the petition to include the widow of a deceased heir and surviving heirs.
- 2 Whether any party would be prejudiced by the proposed amendment.
Ratio Decidendi
The court found that the intended amendments were limited to paragraph 18 of the draft amended petition and were necessary to plead the widow of a deceased heir and surviving heirs, thereby enabling a just and conclusive determination of the matter. The application was not opposed, and the court was satisfied that no party would be prejudiced by the amendment. Accordingly, the court exercised its discretion to allow the amendment in the interests of justice and in line with the overriding objectives of civil procedure and constitutional principles.
Court Disposition
application allowed
Orders
- The application for leave to amend the petition is allowed.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
PETITION NO. 22 OF 2013
CHARLES KIUNGA M'MBOGORI............................PETITIONER/APPLICANT
(Suing as the administrator of the estate of
M'KIUNGA M'MBOGORI- Deceased
VERSUS
MERU UNIVERSITY OF SCIENCE & TECHNOLOGY.....1ST RESPONDENT
NATIONAL MUSEUMS OF KENYA......................................2ND REPONDENT
LAND ADJUDICATION OFFICER, URINGU
ADJUDICATION SECTION..............................................43RD RESPONDENT
ATTORNEY GENERAL........................................................4TH RESPONDENT
R U L I N G
1. This application is filed under Order 8 Rule 3 of the Civil Procedure Rules, 2010, Section 1A,1B,3A & 100 of the Civil Procedure Act, Cap 21, Laws of Kenya and Articles 10, 25(c) , 159 and 162 of the Constitution of Kenya. The application is dated 15/08/2016 and seeks orders:-
1. THAT the application be certified urgent and it be heard on priority basis.
2. That the Honourable Court be pleased to grant the petitioner/applicant leave to amend his petition in terms of the annexed draft amended petition.
3. THAT costs of this application be in the cause.
2. The application is supported by the Affidavit of CHARLES KIUNGA M'MBOGORI sworn on 15/08/2016. It has the following grounds :-
i.THAT the only intended amendments are at paragraph 18 of the draft amended petition.
ii.THAT the intended amendments are meant to plead the widow of a deceased heir in order to enable the Court make a just and conclusive determination of the matter.
iii.THAT there is need for the leave sought in order to plead the surviving heirs.
iv.THAT no party will be prejudiced if the application is allowed.
3. When the application was heard interpartes on 07/09/2016, it transpired that it was not opposed . The respondents, however, sought leave to respond to the amended Petition.
4. The application is allowed.
5. Costs shall be in the cause.
6. Respondents are granted leave to respond to the Petition, if necessary.
7. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 14TH DAY OF SEPTEMBER, 2016 IN THE PRESENCE OF:-
CC: Daniel/Lilian
Miss Muna h/b Carlpeters Mbaabu for the Petitioner
Murango Mwenda h/b Nyaga for 1st Defendants
Kimathi for the Respondent
P. M. NJOROGE
JUDGE