[2014] KEELC 225 (KLR)
The court found that the conviction of the plaintiff's Managing Director in a related criminal case constituted a new development that could materially affect the issues in dispute. The court held that, in the interest of justice, the defendant should be allowed to amend his defence and file a counterclaim so that...
Source-derived case information.
- Citation
- [2014] KEELC 225 (KLR)
- Parties
- Plaintiff: Kenya Knitting and Weaving Mills Limited; Defendant: Yusuf Abdalla Ibrahim
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 140 of 2013
- Procedural Posture
- Environment and Land Case / Ruling on Application for Leave to Amend Defence and File Counterclaim
- Outcome
- application allowed
- Judges
- SN Mukunya
- Legal Topics
- Amendment of Pleadings, Counterclaim Procedure, Eviction Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Knitting and Weaving Mills Limited
Plaintiff
Yusuf Abdalla Ibrahim
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application for Leave to Amend Defence and File Counterclaim
Legal Issues
- 1 Whether the defendant should be granted leave to amend his defence and file a counterclaim.
- 2 Whether the conviction of the plaintiff's Managing Director in a related criminal case justifies the amendment.
- 3 Whether allowing the amendment would prejudice the plaintiff.
Ratio Decidendi
The court found that the conviction of the plaintiff's Managing Director in a related criminal case constituted a new development that could materially affect the issues in dispute. The court held that, in the interest of justice, the defendant should be allowed to amend his defence and file a counterclaim so that all relevant matters are before the court for determination. The court emphasized that the amendment would not unduly prejudice the plaintiff, as the plaintiff would have an opportunity to respond to the amended pleadings. The court therefore granted the defendant leave to amend his defence within 21 days and ordered service on the plaintiff, who would then have 14 days to reply.
Court Disposition
application allowed
Orders
- The defendant is granted leave to amend his defence within 21 days.
- The amended defence shall be served on the plaintiff.
Full Case Text
Judgment text and source record
17 paragraphs
IN THE HIGH COURT OF KENYA
AT MOMBASA
ENVIRONMENT AND LAND COURT CASE NO.140 OF 2013
KENYA KNITTING AND WEAVING MILLS LIMITED .. ............. PLAINTIFF/RESPONDENT
- V E R S U S -
YUSUF ABDALLA IBRAHIM ................ DEFENDANT/APPLICANT
RULING
[1] The applicant filed an application dated 22nd November, 2013 praying that this court grants him leave to amend his defence and to file a counterclaim. He averred that a new development has occurred in that there was a conviction of the plaintiff' s Managing Director in Nairobi Chief Magistrate's Court Criminal Case Number 334 of 2011 which now necessitates and/or requires the defendant to amend his defence and file a counterclaim. The defendant opposed this application. He admitted that on 15th November, 2013 he was convicted for issuing bad cheques and he paid a fine of Ksh. 40,000/-. He said that he filed an appeal on 15th November, 2013. The respondent argued that it will be prejudiced if the amendment is allowed.
[2] I have perused the proceedings in Nairobi Criminal Case No. 334 of 2011 Republic vs Kamal Bhushan Joshi. The central issue was the transfer of Mombasa Block XI/180 situated at Tudor area within Mombasa. The central issue in this case is also Mombasa XI/280 and whether or not the defendant should not be evicted therefrom.
[3] It is important that the court is availed all the necessary evidence to enable it to arrive at a fair and a just decision. In the interest of justice the defendant is allowed to amend his defence within 21 days. He will serve the same on the plaintiff who shall have fourteen (14) days to file its reply. Needless to say each party shall have its day in court to canvass the suit. It is so ordered.
Dated and delivered in open Court at Mombasa this 4th day of September, 2014.
S. MUKUNYA
JUDGE
4. 9.2014
In the presence of:
Mkhan Advocate for the applicant
Mkile & Co. Advocates for the defendant.