[2014] KEHC 7609 (KLR)
The court considered that the application for leave to amend the defence and counter-claim was unopposed, as the plaintiff neither filed a response nor appeared in court despite being served. Exercising its discretion under the Civil Procedure Rules, the court found no reason to deny the application and allowed the...
Source-derived case information.
- Citation
- [2014] KEHC 7609 (KLR)
- Parties
- Plaintiff: Jeremiah Magondu Bundi; Defendant: Simon Cigiti Bundi; Defendant: Walter Gathinja
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 340 of 2013
- Procedural Posture
- Elc Case / Ruling on Application for Leave to Amend Defence and Counter Claim
- Outcome
- Application for leave to amend defence and counter-claim allowed as prayed.
- Judges
- BN Olao
- Legal Topics
- Amendment of Pleadings, Leave to Amend, Counter Claims
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jeremiah Magondu Bundi
Plaintiff
Simon Cigiti Bundi
Defendant
Walter Gathinja
Defendant
Procedural Posture
Elc Case / Ruling on Application for Leave to Amend Defence and Counter Claim
Legal Issues
- 1 Whether the defendants should be granted leave to amend their defence and counter-claim.
Ratio Decidendi
The court considered that the application for leave to amend the defence and counter-claim was unopposed, as the plaintiff neither filed a response nor appeared in court despite being served. Exercising its discretion under the Civil Procedure Rules, the court found no reason to deny the application and allowed the amendments as prayed, noting the absence of any demonstrated prejudice to the plaintiff.
Court Disposition
Application for leave to amend defence and counter-claim allowed as prayed.
Orders
- Leave is granted to the defendants to amend their defence and counter-claim as prayed in the application.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLICOF KENYA
IN THE HIGH COURT OF KENYA AT KURUGOYA
ELC CASE NO. 340 OF 2013
JEREMIAH MAGONDU BUNDI .............................. PLAINTIFF
VERSUS
SIMON CIGITI BUNDI .................................. 1ST DEFENDANT
WALTER GATHINJA ..................................... 2ND DEFENDANT
RULING
The application herein is brought under Order 8 Rules 3, 4 and 5 of the Civil Procedure Rules seeking leave to amend the defence and counter-claim. The said application is not opposed and there was no appearance by the advocate for the plaintiff though served.
I have considered the application un-opposed as it is. The same is hereby allowed as prayed.
Orders accordingly.
B.N. OLAO
JUDGE
14TH FEBRUARY, 2014
Ruling delivered in open Court this 14th day of February, 2014.
Ms Kainga for the defendant/applicant present
No appearance for the plaintiff/respondent.
B.N.OLAO
JUDGE
14TH FEBRUARY, 2014