[2015] KEHC 7593 (KLR)
The court found that the amendment sought by the defendant was necessary to determine the real question in controversy between the parties, specifically the correct identification of the land parcel at issue. The application was brought in good faith, the error was not deliberate, and there was no opposition from...
Source-derived case information.
- Citation
- [2015] KEHC 7593 (KLR)
- Parties
- Plaintiff: John Muriungi Mugwika; Defendant: Charity Mpinda M'Mugwika
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 26 of 2013
- Procedural Posture
- Land Case / Ruling on Application to Amend Counterclaim
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Amendment of Pleadings, Counterclaim Procedure, Land Parcel Disputes
- 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
John Muriungi Mugwika
Plaintiff
Charity Mpinda M'Mugwika
Defendant
Procedural Posture
Land Case / Ruling on Application to Amend Counterclaim
Legal Issues
- 1 Whether the defendant should be granted leave to amend her counterclaim to substitute Parcel No. 336 for Parcel No. 266.
- 2 Whether the amendment is necessary for the fair determination of the real question in controversy.
Ratio Decidendi
The court found that the amendment sought by the defendant was necessary to determine the real question in controversy between the parties, specifically the correct identification of the land parcel at issue. The application was brought in good faith, the error was not deliberate, and there was no opposition from the plaintiff. Allowing the amendment would facilitate the fair and expeditious resolution of the dispute. The court exercised its discretion to grant leave to amend the counterclaim and also allowed the plaintiff to amend his plaint, if necessary, within 30 days.
Court Disposition
application allowed
Orders
- The defendant is granted leave to amend her counterclaim in terms of the draft annexed amended counterclaim.
- The plaintiff is allowed to amend his plaint, if necessary, within 30 days of the ruling.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF KENYA AT MERU
LAND AND ENVIRONMENT DIVISION
LAND CASE NO 26 OF 2013
JOHN MURIUNGI MUGWIKA...............PLAINTIFF
VERSUS
CHARITY MPINDA M'MUGWIKA......DEFENDANT
RULING
This Application is dated 14th July, 2014 and seeks Orders:
THATthis Application be certified as urgent and be heard on priority basis.
THATthis Honourable Court be pleased to grant the Applicant/Defendant leave to amend her Counter Claim in terms of the draft annexed amended Counter claim.
THATthe costs of this Application be provided for.
The Application is supported by the Affidavit of the Plaintiff sworn on 14th July, 2015 and has the following grounds:
THATthe amendment is necessary for the purpose of determining the real question in controversy between the parties.
THATthe amendment is necessary for the purpose of correcting the defect or error in the Counter Claim.
THATthe Application is brought in good faith and in the spirit of fair determination of this suit.
THATthe error was not deliberate.
THATthe amendment will enable expeditious resolution of this suit as the Parcel No. 336 that seeks to be substituted for Parcel No.266 forms part of the subject matter for litigation in this suit.
On 27th July, 2015 during mention for directions, Mr Ringera holding brief for Gichunge for the Plaintiff intimated that the Plaintiff did not oppose the Application. In the Circumstances, the Application is allowed . The Plaintiff is allowed to amend his Plaint, if necessary, within 30 days of today.
It is so ordered.
Delivered in open Court at Meru this 27th day of July,2015 in the presence of:-
CC: Daniel/Lilian
Ringera holding brief for Gichunge for Plaintiff
Murango Mwenda holding brief for Rimita for Defendant.
P.M. NJOROGE
JUDGE