[2023] KEELC 16377 (KLR)
The court found that the respondent would not suffer any prejudice if the plaint was amended, as he had already indicated willingness to refund the purchase price. The policy in law is to allow amendments to pleadings unless it would cause prejudice or injustice to the other party that cannot be compensated by...
Source-derived case information.
- Citation
- [2023] KEELC 16377 (KLR)
- Parties
- Plaintiff: Loice Jeruto Koech; Defendant: Charles Omariba Nyanyuki
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 885 of 2012
- Procedural Posture
- Environment and Land Case / Ruling on Application to Amend Plaint
- Outcome
- Application for leave to amend plaint allowed.
- Judges
- EO Obaga
- Legal Topics
- Amendment of Pleadings, Refund of Purchase Price, Sale of Land, Eviction Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Loice Jeruto Koech
Plaintiff
Charles Omariba Nyanyuki
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application to Amend Plaint
Legal Issues
- 1 Whether the plaintiff should be granted leave to amend the plaint to include a prayer for refund of the purchase price.
Ratio Decidendi
The court found that the respondent would not suffer any prejudice if the plaint was amended, as he had already indicated willingness to refund the purchase price. The policy in law is to allow amendments to pleadings unless it would cause prejudice or injustice to the other party that cannot be compensated by costs. Since no such prejudice was demonstrated, the court granted leave to amend the plaint to include the prayer for refund of the purchase price.
Court Disposition
Application for leave to amend plaint allowed.
Orders
- Leave is granted to the plaintiff to amend the plaint to include a prayer for refund of the purchase price.
- The amended plaint shall be filed in court within 14 days.
Full Case Text
Judgment text and source record
23 paragraphs
Koech v Nyanyuki (Environment & Land Case 885 of 2012) [2023] KEELC 16377 (KLR) (23 March 2023) (Ruling)
Neutral citation: [2023] KEELC 16377 (KLR)
Republic of Kenya
In the Environment and Land Court at Eldoret
Environment & Land Case 885 of 2012
EO Obaga, J
March 23, 2023
Between
Loice Jeruto Koech
Plaintiff
and
Charles Omariba Nyanyuki
Defendant
Ruling
1. This is a ruling in respect of a notice of motion dated August 27, 2021 in which the Plaintiff seeks leave of court to amend the plaint to include a prayer for refund of purchase price.
2. The Plaintiff and the Defendant had entered into a sale agreement whereby the Plaintiff wanted to purchase from the Defendant LR No Eldoret Municipality/Kipkaren 15/900. The sale did not go through forcing the plaintiff/Applicant to file this suit in which she sought for eviction orders and permanent injunction against the Defendant/Respondent.
3. The Applicant contends that her previous advocate did not include a prayer for refund of the purchase price. She now wants to amend the plaint to include a prayer for refund of the purchase price.
4. The Applicant’s application was opposed by the Respondent based on a replying affidavit sworn on June 14, 2022. The Respondent contends that he has already refunded a sum of Kshs 300,000/= to the Respondent’s previous advocate and that the Applicant declined to receive further refund of the purchase price.
5. The parties were directed to file written submissions within 14 days but none filed the submissions. I have considered the Applicant’s application as well as the opposition to the same by the Respondent. The only issue is whether the court should grant leave to amend.
6. This suit was filed in 2012. The agreement was entered into in 2008. The Respondent in 2017 acknowledged that he owed the Applicant money and attempted to pay the same. The applicant however declined to receive the money.
7. The policy in law is that amendments to pleadings are to be freely allowed unless by allowing them the opposite side will be prejudiced or suffer injustice which will not be compensated in costs.
8. In the instant case, the Respondent will not suffer any prejudice if the plaint is amended as he has indicated his willingness to refund the purchase money. I therefore allow the application for amendment and direct that the amended plaint be filed in court within 14 days. The costs of this application shall be in the cause.It is so ordered.
DATED, SIGNED AND DELIVERED AT ELDORET ON THIS 23RD DAY OF MARCH, 2023. E. O. OBAGAJUDGEIn the virtual presence of;Ms. Koech for Plaintiff/ApplicantCourt Assistant –LabanE. O. OBAGAJUDGE23RD MARCH, 2023