[2008] KEHC 1192 (KLR)
The court found that the draft amended plaint annexed to the application did not comply with the procedural requirement to underline all new or altered sections, as certain additions were not underlined. This non-compliance rendered the draft defective. Consequently, the court struck out the draft amended plaint and...
Source-derived case information.
- Citation
- [2008] KEHC 1192 (KLR)
- Parties
- Plaintiff: Mark Rays East Africa Limited; Defendant: Kenya Industrial Estates Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 698 of 2001
- Procedural Posture
- Civil Suit / Ruling on Application to Amend Plaint
- Outcome
- application struck out
- Judges
- CJ Kendagor
- Legal Topics
- Pleadings Amendment, Special Damages, Defective Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mark Rays East Africa Limited
Plaintiff
Kenya Industrial Estates Limited
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Amend Plaint
Legal Issues
- 1 Whether the draft amended plaint complies with the procedural requirements for amendments under the rules.
- 2 Whether the failure to underline all new sections in the amended plaint renders the application defective.
Ratio Decidendi
The court found that the draft amended plaint annexed to the application did not comply with the procedural requirement to underline all new or altered sections, as certain additions were not underlined. This non-compliance rendered the draft defective. Consequently, the court struck out the draft amended plaint and the application itself, as the applicant had no valid basis to proceed. The court made no order as to costs since the application was unopposed.
Court Disposition
application struck out
Orders
- The draft amended plaint is struck out as defective.
- The application to amend the plaint is struck out.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Civil Suit 698 of 2001
MARK RAYS EAST AFRICA LIMITED………………………....PLAINTIFF
VERSUS
KENYA INDUSTRIAL ESTATES LIMITED……………..….DEFENDANT
R U L I N G
This is an application to amend the plaint dated 4th October, 2006. The amendment sought is to specify the special damages sought.
I have looked at the original plaint filed in court on 14th May, 2001, against the draft amended plaint annexed to this application. I note that the draft amended plaint has been underlined in red ink as required under the rules. However, I noted further that not all sections requiring to be underlined in the amended plaint were captured. For instance in paragraph 11, certain sections of the paragraph are not found in the original plaint yet they are not underlined.
That being the case, the annexed draft amended plaint is defective and should be struck out which I hereby do. The Applicant has no feet to stand on and is also struck out with no order as to costs as the application was unopposed.
Dated at Nairobi this 9th day of October, 2008.
LESIIT, J.
JUDGE
Read, signed and delivered in open court:-
N/A for Mr. Macharia for Applicant
N/a for Mr. Mburugu for Respondent
LESIIT, J.
JUDGE