[2018] KEELC 4352 (KLR)
The court held that leave to amend pleadings should be freely given unless it would cause prejudice to the opposite party. In this case, the defendant did not oppose the application or file any response, and there was no indication of potential prejudice. Therefore, the court exercised its discretion to allow the...
Source-derived case information.
- Citation
- [2018] KEELC 4352 (KLR)
- Parties
- Plaintiff: Jonathan Ngangi Linda; Defendant: Susan Masaa Syanda
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Garissa
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 47 of 2017
- Procedural Posture
- Land and Property Suit / Ruling on Application for Leave to Amend Plaint
- Outcome
- Application for leave to amend plaint allowed.
- Legal Topics
- Amendment of Pleadings, Leave of Court, Service of Process
- 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
Jonathan Ngangi Linda
Plaintiff
Susan Masaa Syanda
Defendant
Procedural Posture
Land and Property Suit / Ruling on Application for Leave to Amend Plaint
Legal Issues
- 1 Whether the plaintiff should be granted leave to amend the plaint.
- 2 Whether granting leave to amend would prejudice the defendant.
Ratio Decidendi
The court held that leave to amend pleadings should be freely given unless it would cause prejudice to the opposite party. In this case, the defendant did not oppose the application or file any response, and there was no indication of potential prejudice. Therefore, the court exercised its discretion to allow the amendment, enabling the plaintiff to file and serve the amended plaint and granting the defendant a corresponding opportunity to amend the defence. Costs were ordered to be in the cause.
Court Disposition
Application for leave to amend plaint allowed.
Orders
- The plaintiff is granted leave to file and serve the amended plaint in the proposed terms shown in the draft amended plaint within 14 days.
- The defendant is granted leave to amend the defence within 14 days from the date of service thereof.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
THE ENVIRONMENT & LAND COURT
AT GARISSA
ELC CASE NO. 47 OF 2017
JONATHAN NGANGI LINDA....................................PLAINTIFF
VERSUS
SUSAN MASAA SYANDA........................................DEFENDANT
RULING
The application dated 4/12/2017 is seeking the court’s leave to amend the plaint. The application was served upon the firm of Nyamu & Nyamu Advocates appearing for the defence. There is no attendance by a legal representative from the said firm of Advocates. The application is therefore not opposed. From a cursory look at the application, the plaintiff is seeking leave to amend the plaint.
A draft amended plaint has been annexed to the supporting affidavit of the plaintiff sworn on 4/12/2017. The law on Amendment of pleadings has been settled. A leave to amend is freely given to a party in order to correct or clarify issues unless prejudice is likely to occasion the opposite party. In this case the defendant has not filed any response. It can therefore be presumed that there is no prejudice likely to occur to the defence. I find the application marked and the same is hereby allowed in the following terms:
1. The plaintiff is granted leave to file and serve the amended plaint in the proposed terms shown in the draft amended plaint within 14 days.
2. The defendant is granted leave to amend the defence within 14 days from the date of service thereof.
3. The costs of this application to be costs in the cause.
Read and delivered in the open court this 25th January, 2018.
E.C Cherono (Mr.)
ELC Judge
In the presence of
1. Mr. Nzili