[2008] KEHC 1587 (KLR)
The court found that there was no substantive opposition to the application and that the applicant had provided sufficient justification for seeking to amend the statutory statement and file a supplementary affidavit. The court held that, in accordance with Order 53 Rule 4(2) of the Civil Procedure Rules, there was...
Source-derived case information.
- Citation
- [2008] KEHC 1587 (KLR)
- Parties
- Applicant: Gatheru Gathemia; Respondent: The Disciplinary Committee of the Law Society of Kenya
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1332 of 2004
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Leave to Amend Statutory Statement and File Supplementary Affidavit
- Outcome
- application allowed
- Legal Topics
- Amendment of Pleadings, Leave to File Affidavit, Order 53 Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gatheru Gathemia
Applicant
The Disciplinary Committee of the Law Society of Kenya
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Leave to Amend Statutory Statement and File Supplementary Affidavit
Legal Issues
- 1 Whether the applicant should be granted leave to amend the statutory statement of facts and file a supplementary affidavit under Order 53 Rule 4(2) of the Civil Procedure Rules.
- 2 Whether the proposed amendments are necessary for the just determination of the proceedings.
Ratio Decidendi
The court found that there was no substantive opposition to the application and that the applicant had provided sufficient justification for seeking to amend the statutory statement and file a supplementary affidavit. The court held that, in accordance with Order 53 Rule 4(2) of the Civil Procedure Rules, there was no reason to deny the application, especially as it would serve the interests of justice by allowing all relevant information to be considered. The absence of substantive reasons from the respondent to oppose the amendments further supported the decision to grant the orders sought.
Court Disposition
application allowed
Orders
- Leave is granted to the applicant to amend the statutory statement of facts and the amended statutory statement is deemed properly filed and served.
- Leave is granted to the applicant to file a supplementary affidavit and the supplementary affidavit is deemed properly filed and served.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Misc. Civ. Appli 1332 of 2004
GATHERU GATHEMIA….…..…………………………. PLAINTIFFS
VERSUS
THE DISCIPLINARY COMMITTEE OF
THE LAW SOCIETY OF KENYA…………………… DEFENDANT
R U L I N G
This is a Notice of Motion dated 20th December, 2007 M/s JOHN MBURU & Company advocates for the applicant GATHERU GATHEMIA. It was brought under Order 53, Rule 4(2) of the Civil Procedure Rules. It seeks for the following orders-
1. THAT the applicant be granted leave of this Honourable Court to amend the Statutory Statement of facts and the amended Statutory Statement appended hereto be deemed as properly filed and served.
2. THAT the Applicant be granted leave of this Honourable Court to file a further/supplementary affidavit and the supplementary affidavit appended hereto be deemed as properly filed and served.
3. THAT the costs of this Application be costs in the cause.
The application was filed with a supporting affidavit sworn by the applicant on 10th December, 2007.
The application was not opposed, in the sense that nothing was filed in response to the application. However, Mr. Sagana who appeared at the hearing of the application for the respondent submitted that, in his view, the proposed amendments were not necessary. He did not give any reasons to back his position.
These proceedings were brought by the applicant. The applicant has now made the present application, because he want to use some certain information, which was not contained in the documents already filed. In accordance with the provisions of Order 53 rule 4 (2) of the Civil procedure Act, I find no reason why I should not grant the prayers sought. In my view, allowing the application will be in the best interests of justice.
Consequently, I allow the application and grant the orders sought.
I order that costs will follow the decision in the main motion.
Dated and delivered at Nairobi this 23rd day of September, 2008
GEORGE DULU
JUDGE.
In the presence of-
No appearance for applicant
Mr. Mungai holding brief for Mr. Sagana for respondent