[2015] KEHC 1163 (KLR)
The court found that the application to amend the plaint was not opposed by the 2nd and 3rd defendants/respondents and that the amendment was necessary for the just and fair determination of the issues between the parties. The court exercised its discretion to allow the amendment, holding that such amendments should...
Source-derived case information.
- Citation
- [2015] KEHC 1163 (KLR)
- Parties
- Plaintiff: Maore M’Arunga; Defendant: Paul Kaunyangi Zakayo; Defendant: District Land Adjudication Officer; Defendant: The Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 277 of 2013
- Procedural Posture
- Civil Suit / Ruling on Application to Amend Plaint
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Amendment of Pleadings, Land Adjudication, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Maore M’Arunga
Plaintiff
Paul Kaunyangi Zakayo
Defendant
District Land Adjudication Officer
Defendant
The Hon. Attorney General
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Amend Plaint
Legal Issues
- 1 Whether the plaintiff should be granted leave to amend the plaint for just and fair determination of the issues.
- 2 Whether the amendment is necessary to assist the court in arriving at the ends of justice.
Ratio Decidendi
The court found that the application to amend the plaint was not opposed by the 2nd and 3rd defendants/respondents and that the amendment was necessary for the just and fair determination of the issues between the parties. The court exercised its discretion to allow the amendment, holding that such amendments should generally be allowed to enable the court to determine the real questions in controversy, provided there is no prejudice to the other parties. Costs were ordered to be in the cause.
Court Disposition
application allowed
Orders
- Leave is granted to the applicant to amend the plaint in terms of the draft amended plaint filed.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO 277 OF 2013
MAORE M’ARUNGA …..................................................................PLAINTIFF
VERSUS
PAUL KAUNYANGI ZAKAYO ...........................................1ST DEFENDANT
DISTRICT LAND ADJUDICATION OFFICER...............2ND DEFENDANT
THE HON. ATTORNEY GENERAL .................................3RD DEFENDANT
R U L I N G
This application is dated 07/07/2015. It seeks orders that:-
The Honourable Court be pleased to grant leave to the applicant to amend his plaint in the terms of the draft amended plaint filed herewith.
The costs be in cause.
The application is supported by the affidavit of Maore Arunga and has the following grounds:-
The amendment sought is necessary for the just and fair determination of the issues between the parties.
The orders sought will assist the Court to arrive at the ends of justice.
When this matter came up for directions on 3/11/2015, it transpired that the application was not opposed. Indeed the 2nd and 3rd defendants/respondents told the Court that they were not opposed to the application and asked that the costs be in the cause.
In the Circumstances, the application is allowed with costs being in the cause.
It is so ordered.
Delivered in open Court at Meru this 3th day of November, 2015 in the presence of:
CC: Daniel/Lilian
Nyenyire for Plaintiff
Kieti for 2nd and 3rd defendants
P. M. NJOROGE
JUDGE