[2016] KEHC 5875 (KLR)
The court exercised its discretion to allow the amendment of the plaint, noting that the application was unopposed and that the amendment was necessary to correct the name of the 2nd defendant to James Muchoka Kathenya. The court found that the amendment was made in good faith, was necessary for the proper...
Source-derived case information.
- Citation
- [2016] KEHC 5875 (KLR)
- Parties
- Plaintiff: M'Arichia Mwithiga Kirigia; Defendant: Romano Muthengi Nduyo; Defendant: Kathenya Kanyaka; Defendant: Lands Adjudication & Settlement Officer, Tharaka Nithi
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 65 of 2008
- Procedural Posture
- Civil Case / Ruling on Application to Amend Plaint
- Outcome
- Application to amend plaint allowed.
- Judges
- FM Njoroge
- Legal Topics
- Amendment of Pleadings, Joinder of Parties, Correction of Party Names
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
M'Arichia Mwithiga Kirigia
Plaintiff
Romano Muthengi Nduyo
Defendant
Kathenya Kanyaka
Defendant
Lands Adjudication & Settlement Officer, Tharaka Nithi
Defendant
Procedural Posture
Civil Case / Ruling on Application to Amend Plaint
Legal Issues
- 1 Whether the plaintiff should be granted leave to amend the plaint to correct the name of the 2nd defendant.
- 2 Whether the amendment is necessary for the proper determination of the issues in dispute.
Ratio Decidendi
The court exercised its discretion to allow the amendment of the plaint, noting that the application was unopposed and that the amendment was necessary to correct the name of the 2nd defendant to James Muchoka Kathenya. The court found that the amendment was made in good faith, was necessary for the proper adjudication of the dispute, and that no prejudice would be occasioned to the defendants. Accordingly, the application was allowed and costs were ordered to be in the cause.
Court Disposition
Application to amend plaint allowed.
Orders
- Leave is granted to the plaintiff to amend the plaint to correct the name of the 2nd defendant to James Muchoka Kathenya.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO. 65 OF 2008.
M'ARICHIA MWITHIGA KIRIGIA........................................................................................PLAINTIFF
VERSUS
ROMANO MUTHENGI NDUYO..............................................................................1ST DEFENDANT
KATHENYA KANYAKA............................................................................................2nd DEFENDANT
LANDS ADJUDICATION & SETTLEMENT OFFICER,THARAKA NITHI...........3RD DEFENDANT
R U L I N G
This application is dated 18th February, 2016 and seeks orders:-
THATthe application be certified urgent and it be heard on priority basis.
THATthe Plaintiff/Applicant be granted leave to amend his plaint, in terms of the annexed draft amended plaint, to amongst others, correct the name of the 2nd defendant to read JAMES MUCHOKA KATHENYA.
THATcosts of this application be in the cause.
It is supported by the affidavit of M'Arichia Mwithiga Kirigia, the applicant, and has the following grounds:-
THATthe name used to describe the 2nd defendant is that of his father.
THATthe Plaintiff/Applicant needs leave of Court to amend the plaint to properly plead the correct name of the 2nd defendant to read JAMES MUCHOKA KATHENYA.
THATthe said JAMES MUCHOKA KATHENYA has filed a letter herein and is a necessary party in this case.
THATthe application is made in utmost good faith and in the interest of justice, since the court has absolute discretion to grant the relief sought.
During the day fixed for Interpartes hearing (today), it transpired that the application was not opposed. In the circumstances, the application is allowed.
Costs shall be in the cause.
It is so ordered.
Delivered in Open Court at Meru this 15th day of March, 2016 in the presence of:-
CC: Daniel/Lilian
Mbaabu for the Applicant
James Muchoka Kathenya-2nd Defendant
Kimathi for the Respondent
P. M. NJOROGE
JUDGE