[2020] KECA 102 (KLR)
The Court found that the applicant had demonstrated sufficient reason for seeking to amend the Memorandum of Appeal, namely that not all grounds of appeal had been included in the original document. The Court noted that there was no opposition from the respondents and no evidence that the amendment would cause them...
Source-derived case information.
- Citation
- [2020] KECA 102 (KLR)
- Parties
- Appellant: Jahangir Alaudin Chanandin; Respondent: Anju Chanandin; Respondent: Dilip Kumar Partel; Respondent: Piyush Kumar Patel; Respondent: Chayaben Patel; Respondent: Lacheka Lubricants Limited; Respondent: Femida Alaudin Chananadin
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 444 of 2018
- Procedural Posture
- Civil Appeal / Application to Amend Memorandum of Appeal
- Outcome
- Application allowed.
- Judges
- S ole Kantai
- Legal Topics
- Amendment of Pleadings, Memorandum of Appeal, Leave of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jahangir Alaudin Chanandin
Appellant
Anju Chanandin
Respondent
Dilip Kumar Partel
Respondent
Piyush Kumar Patel
Respondent
Chayaben Patel
Respondent
Lacheka Lubricants Limited
Respondent
Femida Alaudin Chananadin
Respondent
Procedural Posture
Civil Appeal / Application to Amend Memorandum of Appeal
Legal Issues
- 1 Whether the appellant should be granted leave to amend the Memorandum of Appeal to include additional grounds of appeal.
- 2 Whether allowing the amendment would occasion prejudice or injustice to the respondents.
Ratio Decidendi
The Court found that the applicant had demonstrated sufficient reason for seeking to amend the Memorandum of Appeal, namely that not all grounds of appeal had been included in the original document. The Court noted that there was no opposition from the respondents and no evidence that the amendment would cause them prejudice or injustice. In line with established practice and the relevant rules, the Court exercised its discretion to allow the amendment, directing the applicant to file and serve the amended Memorandum of Appeal within 14 days.
Court Disposition
Application allowed.
Orders
- Leave granted to the applicant to amend the Memorandum of Appeal to include the proposed grounds of appeal.
- The applicant to file and serve the amended Memorandum of Appeal within 14 days from the date of the ruling.
Full Case Text
Judgment text and source record
27 paragraphs
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: KANTAI, JA.)
CIVIL APPEAL (APPLICATION) NO. 444 OF 2018
BETWEEN
JAHANGIR ALAUDIN CHANANDIN..............................................APPELLANT
AND
ANJU CHANANDIN.................................................................1STRESPONDENT
DILIP KUMAR PARTEL........................................................2NDRESPONDENT
PIYUSH KUMAR PATEL.......................................................3RDRESPONDENT
CHAYABEN PATEL................................................................4THRESPONDENT
LACHEKA LUBRICANTS LIMITED.................................5THRESPONDENT
FEMIDA ALAUDIN CHANANADIN..................................6THRESPONDENT
(Being an application to amend the Appellant’s Memorandum of Appeal from the Judgment of the
High Court of Kenya at Nairobi (L. Kimaru, J.) dated 9thFebruary, 2017inH.C.C.C. No. 29 of 2005 (O.S.)
*******************
RULING
I am asked in the Motion dated 20th December, 2019 brought under rules 42, 43 and 104of theRules of this Courtto grant leave to the applicant to rely on grounds of appeal set out in a proposed Amended Memorandum of Appeal instead of the grounds contained in the Memorandum of Appeal dated 6th December, 2018. If I grant that prayer, I am asked to order that the proposed Amended Memorandum of Appeal be deemed as duly filed and served on the respondents. In grounds in support of the Motion and in a supporting affidavit of Naseem Noor Butt, a shareholder and director of Lacheka Lubricants Limitedit is said amongst other things that in the course of preparing for the appeal the applicant has discovered that all the real grounds of appeal that the applicant is entitled to rely on are not included in the Memorandum of Appeal dated 6th December, 2018 and that it is the practice of this Court to allow amendment of pleadings if no injustice is occasioned to the other side.
I have not seen any replying affidavit to the Motion.
I have perused the draft Amended Memorandum of Appeal attached to the Motion. Various additional grounds of appeal are set out proposed to be argued in the appeal. The applicant states that in the course of preparing for hearing of the appeal it was found that not all grounds of appeal had been set out in Memorandum of Appeal and the applicant should be allowed to introduce other grounds. I can see no prejudice that would be occasioned to the respondents if this is done and in the premises I allow the prayer to amend Memorandum of Appeal to include the proposed grounds of appeal. Let the applicant file an amended Memorandum of Appeal within 14 days of today and serve the respondents in accordance with the rules of this Court. I make no order as to costs.
Dated and delivered at Nairobi this 4thday of December, 2020.
S. ole KANTAI
..................................
JUDGE OF APPEAL
I certify that this is a truecopy of the original
Signed
DEPUTY REGISTRAR