[2014] KEHC 279 (KLR)
The court found that the application for leave to amend the plaint was merited because the 2nd plaintiff had died and the defendant entity had ceased to exist following constitutional devolution. Since the application was not opposed, and the amendments were necessary to ensure the proper parties were before the...
Source-derived case information.
- Citation
- [2014] KEHC 279 (KLR)
- Parties
- Plaintiff: Kariene Traders (suing through) Basilio Muruga; Plaintiff: George Manene; Plaintiff: Joseph Muthama; Defendant: The Clerk County Council of Meru Central
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 169 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Amend Plaint
- Outcome
- Application allowed as prayed.
- Judges
- FM Njoroge
- Legal Topics
- Amendment of Pleadings, Effect of Death of Party, Effect of Constitutional Devolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kariene Traders (suing through) Basilio Muruga
Plaintiff
George Manene
Plaintiff
Joseph Muthama
Plaintiff
The Clerk County Council of Meru Central
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Amend Plaint
Legal Issues
- 1 Whether the plaintiffs should be granted leave to amend the plaint to reflect the death of the 2nd plaintiff and the dissolution of the defendant entity.
- 2 Whether the defendant should be granted liberty to amend or file a defence accordingly.
Ratio Decidendi
The court found that the application for leave to amend the plaint was merited because the 2nd plaintiff had died and the defendant entity had ceased to exist following constitutional devolution. Since the application was not opposed, and the amendments were necessary to ensure the proper parties were before the court, the court exercised its discretion to allow the amendments. The defendant was also granted liberty to amend or file its defence accordingly. Costs were ordered to be in the cause.
Court Disposition
Application allowed as prayed.
Orders
- Leave granted to the applicant/plaintiff to amend the plaint in terms of the annexed draft.
- Defendant at liberty to amend or file defence accordingly.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCC NO. 169 OF 2011
KARIENE TRADERS (suing through)BASILIO MURUGA...................1ST PLAINTIFF
GEORGE MANENE....................................................................................2ND PLAINTIFF
JOSEPH MUTHAMA................................................................................3RD PLAINTIFF
VERSUS
THE CLERK COUNTY COUNCIL OF MERU CENTRAL.............................DEFENDANT
RULING
This application is dated 23rd July, 2014. It seeks orders that:
(a) THAT ,this honourable court be pleased to grant the applicant/plaintiff leave to amend his plaint in terms of the annexed draft.
(b) THAT, the defendant be at liberty to amend/or file his defence accordingly.
c) THAT, costs of this application be in the cause.
It has the following grounds:
(a) That The 2nd plaintiff passed on more that 1 year ago.
(b) By virtue of the devolved system in the New Constitution 2010, the defendant County Council of Meru has ceased to exist.
When the application came up for inter partes hearing on 24. 11. 2014, the application was not opposed. In the circumstances, the application is allowed.
It is so ordered.
Delivered in Open Court at Meru this 24th day of November, 2014 in the presence of:
Cc. Daniel
Muthomi h/b Ondari for Applicants
P. M. NJOROGE
JUDGE