[2014] KEHC 2505 (KLR)
The court found that the application to amend the plaint was facilitative and necessary to bring the County Government on board in accordance with the new constitutional dispensation. The absence of a signed affidavit of service meant the court could not blame the defendants for their absence, but this did not...
Source-derived case information.
- Citation
- [2014] KEHC 2505 (KLR)
- Parties
- Plaintiff: Geoffrey K Imathiu & Others; Defendant: Meru County Council & Another
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 64 of 2004
- Procedural Posture
- Civil Suit / Ruling on Application to Amend Plaint
- Outcome
- Application allowed; leave granted to amend plaint.
- Judges
- FM Njoroge
- Legal Topics
- Amendment of Pleadings, Joinder of Parties, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey K Imathiu & Others
Plaintiff
Meru County Council & Another
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Amend Plaint
Legal Issues
- 1 Whether the applicant should be granted leave to further amend the plaint to substitute Meru County Council with Meru County Government and the County Governor.
- 2 Whether the absence of the defendants' advocate, given the unsigned affidavit of service, should affect the hearing of the application.
Ratio Decidendi
The court found that the application to amend the plaint was facilitative and necessary to bring the County Government on board in accordance with the new constitutional dispensation. The absence of a signed affidavit of service meant the court could not blame the defendants for their absence, but this did not preclude granting the application, as it was unopposed and merely procedural. The court exercised its discretion to allow the amendment, ensuring the suit reflected the proper parties under the current legal framework.
Court Disposition
Application allowed; leave granted to amend plaint.
Orders
- Leave is granted to the applicant to further amend the plaint to substitute Meru County Council with Meru County Government and the County Governor.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
18 paragraphs
INTHE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO. 64 OF 2004
GEOFFREY K IMATHIU & OTHERS...................................................PLAINTIFF
VERSUS
MERU COUNTY COUNCIL & ANO...............................................DEFENDANT
R U L I N G
This application is dated 4. 2.2014 and seeks orders:
That the applicant be granted leave to further amend his plaint dated 23. 11. 2005 to substitute Meru County Council, 2nd defendant herein, and include Meru County Government and the County Governor.
That cost be in the cause.
When the application came up for interpartes hearing, the advocate for the defendants was not in Court. The plaintiffs said that they had properly served him. They, therefore, sought to proceed exparte.
I, however, note that the affidavit by the process server dated 25. 6.2014 is not signed. I am, therefore, unable to ascribe any blame upon the defendants regarding their absence.
Be it as it may, this application is merely facilitative and meant to bring on board the County Government in accordance with the new Constitutional dispensation. In the circumstances, I allow the application.
Costs shall be in the cause.
Delivered in Open Court his 25th day of June, 2014 in the presence of:
Cc. Daniel
Miss Kiome for Plaintiff
P. M. NJOROGE
JUDGE