https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1112

The application was allowed because it merely sought to correct the 2nd applicant’s name, and no prejudice would be suffered by any party if the amendment were granted.

Source-derived case information.

Citation: [2026] KECA 1112 (KLR)
Parties: 1st Applicant: George Wainaina Chege; 2nd Applicant: Elizabeth Wanjuhi Ngigi (Suing as the personal representative of Paul Ngigi Mungai); 1st Respondent: John Kanyoro; 2nd Respondent: Kimani Serah; 3rd Respondent: Wambui Kamau; 4th Respondent: Francis Mwangi
Court: Court of Appeal
Jurisdiction: Kenya
Case Number: Civil Appeal (Application) 743 of 2025
Procedural Posture: Civil Appeal (application) / Application for Rectification/amendment of Memorandum of Appeal and Record of Appeal
Outcome: Application allowed
Judges: ["S ole Kantai"]
Legal Topics: Amendment of Pleadings, Rectification of Party Name, No Prejudice, Costs in the Appeal
Source Language: en

Civil Procedure Appellate Practice Land Law Amendment of Pleadings Rectification of Party Name No Prejudice Costs in the Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

George Wainaina Chege

1st Applicant

Elizabeth Wanjuhi Ngigi (Suing as the personal representative of Paul Ngigi Mungai)

2nd Applicant

John Kanyoro

1st Respondent

Kimani Serah

2nd Respondent

Wambui Kamau

3rd Respondent

Francis Mwangi

4th Respondent

Procedural Posture

Civil Appeal (application) / Application for Rectification/amendment of Memorandum of Appeal and Record of Appeal

Legal Issues

1 Whether the Court of Appeal should allow amendment of the Memorandum of Appeal and Record of Appeal to correct the 2nd applicant’s name.
2 Whether any prejudice would be suffered by the respondents if the amendment were allowed.

Ratio Decidendi

The application was allowed because it merely sought to correct the 2nd applicant’s name, and no prejudice would be suffered by any party if the amendment were granted.

Court Disposition

Application allowed

Orders

Leave granted to amend the Memorandum of Appeal and Record of Appeal dated 5th September, 2025.
The amended documents were deemed duly filed and served.

Full Case Text

Judgment text and source record

1 paragraphs

Chege & another v Kanyoro & 3 others (Suing as the representatives of Hallelluya Gospel Church Karuri) (Civil Appeal (Application) 743 of 2025) [2026] KECA 1112 (KLR) (12 June 2026) (Ruling) Neutral citation: [2026] KECA 1112 (KLR) Republic of Kenya In the Court of Appeal at Nairobi Civil Appeal (Application) 743 of 2025 S ole Kantai, JA June 12, 2026 Between George Wainaina Chege 1st Applicant Elizabeth Wanjuhi Ngigi (Suing as the personal representative of Paul Ngigi Mungai) 2nd Applicant and John Kanyoro 1st Respondent Kimani Serah 2nd Respondent Wambui Kamau 3rd Respondent Francis Mwangi 4th Respondent Suing as the representatives of Hallelluya Gospel Church Karuri (Being an application for rectification against the Judgment and Decree of the Environment and Land Court at Thika (Grace Kemei, J.) delivered on 13th June, 2024 in E.L.C. Case No. 798 of 2019 (O.S.).) Ruling 1.The applicants George Wainaina Chege and Elizabeth Wanjuhi Ngigi (suing as personal representative of Paul Ngigi Mungai) have moved the Court by Motion brought under rules 44 and 46 of our rules praying that they be allowed to amend Memorandum of Appeal and Record of Appeal dated 5th September, 2025; that the same be deemed as duly filed and served. In grounds in support of the Motion and the affidavit of Elizabeth Wanjuhi Ngigi it is said that the applicants in their pleadings wrongly captured the name of the 2nd applicant as Elizabeth Wanjuhi Ngigi and indicated Elizabeth Wanjuhi Chege; that the name should be rectified. 2.I have seen written submissions in support of the application. 3.The application seeks an amendment to reflect the correct name of the 2nd applicant. There can be no prejudice that can be suffered by any party if I grant the application. 4.The application is merited and I grant it. I allow the amendment as prayed. Let amended record of appeal be served within seven (7) days of today if not already served. Costs of the Motion will be in the appeal. DATED AND DELIVERED AT NAIROBI THIS 12TH DAY OF JUNE, 2026S. ole KANTAI...............................JUDGE OF APPEALI certify that this is a true copy of the originalSignedDeputy Registrar

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