[2009] KEHC 995 (KLR)
The court found that there was a bona fide mistake in not including Afro Haliton Co. Ltd. as a party and that its addition is necessary for the determination of the real matter in dispute. The court exercised its discretion under the Civil Procedure Act and the Civil Procedure Rules to allow the amendment, noting...
Source-derived case information.
- Citation
- [2009] KEHC 995 (KLR)
- Parties
- Plaintiff: Margaret Soares; Defendant: Jane Otieno; Defendant: Afro Haliton Co. Ltd.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 660 of 2005
- Procedural Posture
- Civil Appeal / Ruling on Application to Add Party
- Outcome
- application allowed
- Legal Topics
- Joinder of Parties, Amendment of Pleadings
- 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
Margaret Soares
Plaintiff
Jane Otieno
Defendant
Afro Haliton Co. Ltd.
Defendant
Procedural Posture
Civil Appeal / Ruling on Application to Add Party
Legal Issues
- 1 Whether the court should allow the addition of Afro Haliton Co. Ltd. as a defendant to the suit.
- 2 Whether the amendment to the plaint is necessary for the determination of the real matter in dispute.
- 3 Whether the defendant will be prejudiced by the amendment.
Ratio Decidendi
The court found that there was a bona fide mistake in not including Afro Haliton Co. Ltd. as a party and that its addition is necessary for the determination of the real matter in dispute. The court exercised its discretion under the Civil Procedure Act and the Civil Procedure Rules to allow the amendment, noting that the defendant would not be prejudiced by the addition. The application to add Afro Haliton Co. Ltd. as a defendant was therefore allowed, and the plaintiff was directed to amend the plaint and serve the new party, who would then have the opportunity to file a defence.
Court Disposition
application allowed
Orders
- Plaintiff to amend the plaint to include Afro Haliton Co. Ltd. as a defendant.
- Plaintiff to file and serve the amended plaint on the new party.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NAIROBI
MILIMANI COMMERCIAL AND ADMIRALTY DIVISION
Civil Appeal 275 of 2003
MARGARET SOARES……………………………………….PLAINTIFF
VERSUS
JANE OTIENO……………………………………………...DEFENDANS
RULING
Application dated 15/6/2006 brought under Section 3A Civil Procedure Act Cap 21 Section 100. Order 6A, 3, 2, 5, 8 (amended without objection).
The orders are to add Afro Haliton Co. Ltd. as a party to this suit. The application is supported by affidavit of Margaret Soares and on ground that there was a bonafide mistake and the additional party is necessary to the determination of the real matter in dispute.
The defendant has filed grounds of opposition.
I have read the same. The court has power to allow amendments including adding parties to the suit even under Order 1 rule 10. Order 6A also empowers court to allow amendments at any time before judgment.
I am convinced that there was error and that the defendant shall not be prejudiced; In the circumstances, I allow application. The plaintiff shall amend the plaint to include the company as a defendant and shall file the same and serve on the new parties who shall proceed to file defence within the next 21 days of service.
The defendant is awarded Kshs.5,000/= costs.
Adding the new party as defendant and shall serve upon the company who shall enter appearance after 15 days and file defence after usual time.
Orders accordingly.
Dated, Signed and delivered at Nairobi this 6th day of November, 2009.
JOYCE N. KHAMINWA
JUDGE