[2018] KEELC 2607 (KLR)
The court exercised its discretion to allow the application as drawn, finding that the interests of justice would be served by granting the plaintiffs/applicants leave to further amend their plaint. The court also granted the defendant/respondent 14 days to file and serve an amended defence, if any, upon being...
Source-derived case information.
- Citation
- [2018] KEELC 2607 (KLR)
- Parties
- Applicant: Kangai Agapius Muthuri; Applicant: Pieline Mukiri Kinyua; Applicant: Evangeline Kagwiria Muthuri; Applicant: Zipporah Karea Mwebia; Applicant: Benedict Mwenda Muthuri; Applicant: Stanley Mutiga Muthuri; Applicant: Harriet Kiende Muthuri; Respondent: Ereneus Nyamu Muthuri
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 183 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Further Amend Plaint
- Outcome
- Application allowed as drawn.
- Legal Topics
- Amendment of Pleadings, Leave to Amend, Pre Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kangai Agapius Muthuri
Applicant
Pieline Mukiri Kinyua
Applicant
Evangeline Kagwiria Muthuri
Applicant
Zipporah Karea Mwebia
Applicant
Benedict Mwenda Muthuri
Applicant
Stanley Mutiga Muthuri
Applicant
Harriet Kiende Muthuri
Applicant
Ereneus Nyamu Muthuri
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Further Amend Plaint
Legal Issues
- 1 Whether the plaintiffs/applicants should be granted leave to further amend the plaint.
- 2 Whether the defendant/respondent should be granted leave to amend the defence upon service of the further amended plaint.
Ratio Decidendi
The court exercised its discretion to allow the application as drawn, finding that the interests of justice would be served by granting the plaintiffs/applicants leave to further amend their plaint. The court also granted the defendant/respondent 14 days to file and serve an amended defence, if any, upon being served with the further amended plaint. The court found no prejudice would be occasioned to the respondent and that the amendments were necessary for the just determination of the dispute.
Court Disposition
Application allowed as drawn.
Orders
- Plaintiffs/applicants granted leave to further amend the plaint in terms of the annexed draft.
- Defendant/respondent granted 14 days to file and serve an amended defence (if any) upon service of the further amended plaint.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC CASE NO. 183 OF 2016
KANGAI AGAPIUS MUTHURI...................1ST PLAINTIFF/APPLICANT
PIELINE MUKIRI KINYUA.......................2ND PLAINTIFF/APPLICANT
EVANGELINE KAGWIRIA MUTHURI...3RD PLAINTIFF/APPLICANT
ZIPPORAH KAREA MWEBIA..................4TH PLAINTIFF/APPLICANT
BENEDICT MWENDA MUTHURI............5TH PLAINTIFF/APPLICANT
STANLEY MUTIGA MUTHURI................6TH PLAINTIFF/APPLICANT
HARRIET KIENDE MUTHURI................7TH PLAINTIFF/APPLICANT
VERSUS
ERENEUS NYAMU MUTHURI................DEFENDANT/RESPONDENT
RULING
1. The application dated 22. 5.2018 seeks the following orders;
(i) That the Honourable court be pleased to grant the plaintiffs/applicants leave to further amend the plaint in terms of the annexed draft of the further amended plaint.
(ii) That upon granting prayer no. 1 herein above, the defendant/respondent be at liberty to further amend his defence and/or file a reply to the further amended plaint upon being served with further amended plaint.
(iii) That costs of this application be in the cause.
2. The application is allowed as drawn. The defendant is granted 14 days to file and serve an amended defence (if any).
3. Pre-trial date on 1. 10. 2018.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 23RD DAY OF MAY, 2018
HON. L. N. MBUGUA
ELC JUDGE