[2017] KEELC 1067 (KLR)
The court found the application for leave to amend the plaint to be meritorious. The judge held that the amendment was necessary to enable the court to effectually adjudicate on the issues in dispute and to align the pleadings with the evidence. The court exercised its discretion in favour of the applicant, noting...
Source-derived case information.
- Citation
- [2017] KEELC 1067 (KLR)
- Parties
- Plaintiff: Lucy Karauki Kirambia (suing as the legal representative of the estate of Peter Muriungi Kaunga, deceased); Defendant: Muthengi M’Mwathi Muthigu; Defendant: Tharaka District Land Adjudication Officer; Defendant: The Hon. Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 208 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Amend Plaint
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Amendment of Pleadings, Leave of Court, Adjudication of Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Karauki Kirambia (suing as the legal representative of the estate of Peter Muriungi Kaunga, deceased)
Plaintiff
Muthengi M’Mwathi Muthigu
Defendant
Tharaka District Land Adjudication Officer
Defendant
The Hon. Attorney General
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Amend Plaint
Legal Issues
- 1 Whether the plaintiff/applicant should be granted leave to amend her plaint.
- 2 Whether the amendment is necessary for the proper adjudication of the real issues in controversy.
Ratio Decidendi
The court found the application for leave to amend the plaint to be meritorious. The judge held that the amendment was necessary to enable the court to effectually adjudicate on the issues in dispute and to align the pleadings with the evidence. The court exercised its discretion in favour of the applicant, noting that there was no indication that the amendment would disadvantage any party. Accordingly, the court granted the plaintiff leave to file and exchange the intended amended plaint within seven days and directed the parties to return for directions.
Court Disposition
application allowed
Orders
- The plaintiff is granted leave to amend her plaint in terms of the amended plaint annexed within 7 days from the date hereof.
- The plaintiff is ordered to file and exchange the intended amended plaint within 7 days of today.
Full Case Text
Judgment text and source record
41 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 208 OF 2017
FORMERLY MERU ELC CASE NO. 169 OF 2013
LUCY KARAUKI KIRAMBIA
(SUING AS THE LEGAL REPRESENTATIVE
OF THE ESTATE OF PETER
MURIUNGI KAUNGA (DECEASED)…….…PLAINTIFF/APPLICANT
VERSUS
MUTHENGI M’MWATHI MUTHIGU……………………..1ST DEFENDANT/RESPONDENT
THARAKA DISTRICT LAND
ADJUDICATION OFFICER.............................2ND DEFENDANT/ RESPONDENT
THE HON. ATTORNEY GENERAL………………………3RD DEFENDANT/RESPONDENT
RULING
1. This application is dated 30. 10. 2017 and seeks orders:
1. That the honourable court be pleased to grant the plaintiff/applicant leave to amend her plaint in terms of the amended plaint annexed hereto within 7 days from the date hereof.
2. That costs of the application be in the cause.
2. The application has the following grounds:
1. That the pleadings have closed.
2. That an amendment to the pleadings is necessary.
3. That for the court to properly determine the real issues in controversy between the parties, it is necessary for the plaintiff/applicant to amend her plaint.
3. That this application is intended to serve the interests of justice.
3. The application is supported by the affidavit of the applicant sworn on 30. 10. 2017 which states:
I, LUCY KARAUKI KIRAMBIA an adult female of sound mind and of P. O. Box 1568-60200, MERU residing in the Republic of Kenya do hereby make oath and solemnly state as follows:-
1. That I am the plaintiff /applicant herein, well versed with the facts of this matter and therefore competent to swear this affidavit.
2. That I need to amend my pleadings but cannot do so without the leave of this court.
3. That in order to accord the court an opportunity to effectually adjudicate on the issues in dispute in this suit, it is of essence that I amend the plaint.
4. That I need to amend the plaint to be intandem with my evidence in support.
5. That I need to amend the plaint to be in conformity with the one annexed hereto and marked “LKK 1”
6. That what is deponed herein is true to the best of my knowledge, information and belief.
4. Mr. Mwanzia for the plaintiff asked the court to allow the application as it will not disadvantage any of the parties.
5. I find that the application is meritorious.
6. The plaintiff is ordered to file and exchange the intended amended plaint within 7 days of today.
7. Parties are ordered to come back for directions on 15. 11. 2017.
8. The plaintiff is directed to serve the next date for directions upon the defendants within 5 days of today.
9. It is so ordered.
Delivered in open court at Chuka this 31st day of October, 2017 in the presence of:
CA: Ndegwa
Mwanzia for the plaintiff
P.M. NJOROGE
JUDGE