[2020] KEHC 8022 (KLR)
The court held that it is a settled principle that parties should be allowed to present their cases fully and that amendments to pleadings should generally be permitted unless they cause prejudice to the other party. In this case, the court found no likely prejudice to the respondent if the applicants were allowed...
Source-derived case information.
- Citation
- [2020] KEHC 8022 (KLR)
- Parties
- Applicant: Teresia Waithera Wanjiru; Applicant: David Muciri Kanyi; Respondent: Moses Muchiri Nyakio (as Administrator of the Estate of Felista Wanjiru Kanyi, Deceased)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 481 of 2018
- Procedural Posture
- Succession Cause / Ruling on Application for Leave to Amend Application for Revocation of Grant
- Outcome
- leave to amend application granted
- Judges
- A Ali-Aroni
- Legal Topics
- Succession, Grant Revocation, Amendment of Pleadings, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Teresia Waithera Wanjiru
Applicant
David Muciri Kanyi
Applicant
Moses Muchiri Nyakio (as Administrator of the Estate of Felista Wanjiru Kanyi, Deceased)
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Leave to Amend Application for Revocation of Grant
Legal Issues
- 1 Whether the applicants should be granted leave to amend their application for revocation of grant.
- 2 Whether the intended amendments would prejudice the respondent.
Ratio Decidendi
The court held that it is a settled principle that parties should be allowed to present their cases fully and that amendments to pleadings should generally be permitted unless they cause prejudice to the other party. In this case, the court found no likely prejudice to the respondent if the applicants were allowed to amend their application. The respondent would have the opportunity to respond to any new issues raised. Therefore, the court granted leave to the applicants to file their amended application within 14 days, with the respondent at liberty to respond within 14 days of service.
Court Disposition
leave to amend application granted
Orders
- Leave is granted for the applicants to file their amended application within 14 days of the date hereof.
- The respondent is at liberty to file a response to the amended application within 14 days upon service.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
(FAMILY DIVISION)
SUCCESSION CAUSE NO 481 OF 2018
IN THE MATTER OF THE ESTATE OF FELISTA WANJIRU KANYI (DECEASED)
TERESIA WAITHERA WANJIRU...............................................1ST APPLICANT
DAVID MUCIRI KANYI ............................................................ 2ND APPLICANT
VERSUS
MOSES MUCHIRI NYAKIO
(Sued as the Administrator of the Estate
of FELISTA WANJIRU KANYI (DECEASED)..............................RESPONDENT
R U L I N G
1. The application subject of this ruling is dated 1st July, 2019 and seeks for leave to amend the application for revocation of grant dated 5th February, 2019.
2. The application is predicated on grounds that the Applicants came across evidence that necessitates the intended amendment and which evidence will assist the court arrive at a just and fair determination of the matter.
3. The intended amendments include a prayer for forensic examination, provision arising of accounts, reasonable provision, and appointment of the applicants as a co-administrators alongside the earlier prayer for revocation.
4. The application was objected to by way of a replying affidavit, as being a delaying tactic, that ordering for forensic examination will impute negatively on the respondent, and it is premature to order for accounts, or seek to replace the administrator.
5. For now the court is not dealing with merits or demerits of the amended application. The court is being asked to allow the applicant amend and place before court their prayers.
6. It is settled law that a party should not be shut from presenting his/or her case before court. Further I see no likely prejudice to be suffered should the applicants amend their application. After all the respondent will have a corresponding leave to respond to the new issues being raised.
7. Consequently, leave be and is hereby granted for the applicants to file their amended application within the next 14 days of the date hereof.
8. The Respondent be at liberty to file a response to the amended application 14 days upon service.
9. Costs in the cause.
Dated and Delivered in Nairobi on this 20TH day of FEBRUARY, 2020.
ALI-ARONI
JUDGE