[2018] KEELC 2504 (KLR)
The court exercised its discretion to allow the defendants to amend their pleadings, finding that the amendment was necessary for the just determination of the real issues in controversy and that there was no objection from the plaintiff. The court further adopted the parties' agreement that the plaintiff's...
Source-derived case information.
- Citation
- [2018] KEELC 2504 (KLR)
- Parties
- Plaintiff: Emilio Marangu M'ndiiri; Defendant: Anjero Munene Marindi; Defendant: Lawrence Antony Kinyua; Defendant: Faith Nkinga Kabucha
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 99 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Amend Pleadings
- Outcome
- Application for leave to amend pleadings allowed.
- Judges
- FM Njoroge
- Legal Topics
- Amendment of Pleadings, Counter Claims, Case Management, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emilio Marangu M'ndiiri
Plaintiff
Anjero Munene Marindi
Defendant
Lawrence Antony Kinyua
Defendant
Faith Nkinga Kabucha
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Amend Pleadings
Legal Issues
- 1 Whether the defendants should be granted leave to amend their pleadings in line with the draft annexed.
- 2 Whether the plaintiff's affidavit in support of the further amended originating summons can be deemed as a reply to the counter-claim.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court exercised its discretion to allow the defendants to amend their pleadings, finding that the amendment was necessary for the just determination of the real issues in controversy and that there was no objection from the plaintiff. The court further adopted the parties' agreement that the plaintiff's affidavit in support of the further amended originating summons would serve as the reply to the counter-claim, thereby expediting the proceedings. The court directed timelines for filing and exchange of amended pleadings and ordered that costs be in the cause, reflecting the cooperative stance of the parties and the interests of justice.
Court Disposition
Application for leave to amend pleadings allowed.
Orders
- Defendants/applicants granted leave to amend their pleadings in line with the draft annexed.
- Plaintiff's affidavit in support of the further amended originating summons deemed as reply to the counter-claim.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT CHUKA
CHUKA ELC CASE NO 99 OF 2017
FORMERLY MERU HCC NO. 73 OF 2006
EMILIO MARANGU M’NDIIRI.......................PLAINTIFF
VERSUS
ANJERO MUNENE MARINDI..............1ST DEFENDANT
LAWRENCE ANTONY KINYUA.........2ND DEFENDANT
FAITH NKINGA KABUCHA..................RD DEFENDANT
RULING
1. This application is dated 18th day of July, 2018 and seeks orders:
1. That the honourable court be pleased to grant the defendants/applicants leave to amend their pleadings in line with the draft annexed hereto.
2. That costs of the application be in the cause.
2. It is supported by the affidavit of Lawrence Antony Kinyua, the 2nd defendant in the originating summons, and has the following grounds:
a. That pleadings in this suit have closed.
b. That for the court to properly determine the real issues in controversy between the parties, it is necessary for the defendant/applicant to amend his pleadings.
c. That this application is intended to serve the interests of justice and fairness.
3. Mr. Mwarania asked the court, in the interest of saving time, to allow the application and deem the plaintiff’s affidavit in support of the further amended originating summons as the plaintiff’s reply to the counter-claim. As the advocates representing the parties are agreed on this, this position is adopted by the court.
4. The plaintiff is granted 10 days to file and exchange the amended pleadings which will include the counter-claim. Parties are granted liberal leave to further reply, as and if necessary, before the hearing date.
5. Parties are directed to come to court for further hearing on 2nd October, 2018.
6. Costs shall be in the cause.
Delivered in open court at Chuka this 18th day of July, 2018 in the presence of:
CA: Ndegwa
Mwenda Mwarania for the plaintiff
Muia Mwanzia for the defendant
P.M. NJOROGE
JUDGE