[2014] KEELC 184 (KLR)
The court found that there was no opposition to the application and that allowing the amendment would not prejudice the plaintiff. The court emphasized the liberal approach to amendments in pleadings, especially where the other party does not oppose and no injustice will result. The delay in seeking the amendment...
Source-derived case information.
- Citation
- [2014] KEELC 184 (KLR)
- Parties
- Plaintiff: Joseph Kiptanui Chemweno; Defendant: Joseph K.M. Tireito
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 173 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Amend Defence
- Outcome
- Application to amend defence allowed.
- Legal Topics
- Amendment of Pleadings, Specific Performance, Land Sale Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joseph Kiptanui Chemweno
Plaintiff
Joseph K.M. Tireito
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Amend Defence
Legal Issues
- 1 Whether the defendant should be granted leave to amend the Statement of Defence to include allegations of fraud, misrepresentation, undue influence, and a counterclaim.
Ratio Decidendi
The court found that there was no opposition to the application and that allowing the amendment would not prejudice the plaintiff. The court emphasized the liberal approach to amendments in pleadings, especially where the other party does not oppose and no injustice will result. The delay in seeking the amendment was not deemed sufficient reason to deny the application, as the interests of justice favored allowing the defendant to fully present his case, including new allegations and a counterclaim.
Court Disposition
Application to amend defence allowed.
Orders
- Leave granted to the defendant to amend his defence.
- Amended Statement of Defence to be filed and served within 14 days.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT ELDORET
E&L NO. 173 OF 2012
Formerly HCC 103 OF 2004
JOSEPH KIPTANUI CHEMWENO..............................................................PLAINTIFF
VS
JOSEPH K.M. TIREITO............................................................................DEFENDANT
(Application to amend defence; application unopposed; application allowed).
RULING
The application before me is that dated 16 April 2014 filed by the defendant. It is an application seeking leave to amend the Statement of Defence.
This suit was commenced by way of plaint filed on 4 August 2004 through which the plaintiff pleaded that he purchased from the defendant 5 acres out of the land parcel LR No. 779/359. It is contended that the parties attended the land board and the requisite consent was issued but that the defendant has refused to transfer the 5 acres to the plaintiff. The plaintiff's main prayer is one of specific performance.
The defendant filed a Statement of Defence on 7 September 2004. In the Defence he denied selling the suit land to the plaintiff.
Through this application, the defendant wishes to plead that the consent of the land control board was obtained by fraud, misrepresentation and undue influence. He also wishes to further elaborate his defence and has included a counterclaim. The application is not opposed by the plaintiff.
On my part I see no reason why I should decline the application. Courts are generally liberal when it comes to allowing parties to amend their pleadings. Although the amendments have come after a considerable duration of time, I think no prejudice will be caused to the plaintiff if I am to allow the amendments.
I therefore grant leave to the defendant to amend his defence. I direct that the Amended Statement of Defence be filed and served within 14 days. The plaintiff can thereafter respond in the usual manner. The costs of the application will however be shouldered by the defendant.
It is so ordered.
DATED AND DELIVERED AT ELDORET THIS 2ND DAY OF OCTOBER 2014
JUSTICE MUNYAO SILA
ENVIRONMENT AND LAND COURT AT ELDORET
Delivered in the presence of:
Delivered in the presence of:
MR. A.T. Kiboi present for plaintiff/respondent.
Mrs. L.C. Kamau present for defendant/applicant.