[2002] KECA 25 (KLR)

[2002] KECA 25 (KLR)

The court exercised its discretion to grant leave to amend the notice of motion as prayed by the applicant, noting that the respondents were not present and would not be prejudiced by the amendment. The court further ordered that the amended notice of motion be served within four days, and removed the motion from...

Source-derived case information.

Citation
[2002] KECA 25 (KLR)
Parties
Applicant: John Njenga Nganga; Respondent: The Land Registrar Thika; Respondent: Bernard Muoho
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Case Number
Civil Application 447 of 2001
Procedural Posture
Civil Application / Application for Extension of Time to File Appeal
Outcome
Leave to amend granted; motion removed from hearing list; no order as to costs.
Legal Topics
Extension of Time, Appeals Process, Amendment of Pleadings
Source Language
en
Civil Procedure Extension of Time Appeals Process Amendment of Pleadings

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

John Njenga Nganga

Applicant

The Land Registrar Thika

Respondent

Bernard Muoho

Respondent

Procedural Posture

Civil Application / Application for Extension of Time to File Appeal

Legal Issues

  1. 1 Whether the applicant should be granted leave to amend the notice of motion.
  2. 2 Whether the application for extension of time to file an appeal out of time should proceed before service of the amended notice of motion.

Ratio Decidendi

The court exercised its discretion to grant leave to amend the notice of motion as prayed by the applicant, noting that the respondents were not present and would not be prejudiced by the amendment. The court further ordered that the amended notice of motion be served within four days, and removed the motion from the day's hearing list to allow for proper service and subsequent relisting. No order as to costs was made due to the respondents' absence. The decision was based on the principle that amendments should be allowed to facilitate the just determination of the issues, provided no injustice is caused to the other party.

Court Disposition

Leave to amend granted; motion removed from hearing list; no order as to costs.

Orders

  • Leave to amend is granted as prayed.
  • The applicant to serve an amended notice of motion within 4 days from the date hereof.