[2021] KEHC 6882 (KLR)

[2021] KEHC 6882 (KLR)

The court found that, in principle, parties are entitled to amend pleadings to include real issues for hearing and determination, provided the amendments do not introduce a new cause of action that is statute-barred or amount to starting a new suit. The court noted that, due to the absence of the main court file, it could not conclusively verify the factual disputes raised by both parties regarding the veracity of the new evidence or the alleged bad faith. However, relying on the law and the discretionary power under Order 8 of the Civil Procedure Rules, the court granted the plaintiffs leave to amend the plaint and serve the defendants within 14 days, with corresponding leave for the...

Citation
[2021] KEHC 6882 (KLR)
Parties
Plaintiff: Masole Enterprises Limited; Plaintiff: Bala Enterprises Limited; Plaintiff: Gilera Limited; Plaintiff: Koit Developers Limited; Plaintiff: Saman Developers Limited; Plaintiff: Kenete Enterprises Limited; Plaintiff: Marimo Enterprises Limited; Plaintiff: Linsala Enterprises Limited; Defendant: Shakhalagha Khwa Jirongo; Defendant: Bethlehem Trading Co. Ltd
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
17 May 2021
Case Number
Civil Suit 228 of 2014
Procedural Posture
Civil Suit / Ruling on Application for Leave to Amend Plaint and File Supplementary Documents
Outcome
Application for leave to amend plaint allowed with conditions.
Judges
MW Muigai
Legal Topics
Amendment of Pleadings, Security for Costs, Bank Collateral Disputes, Fraudulent Misrepresentation, Limitation of Actions, Mortgage and Charge Litigation
Source Language
English
Civil Procedure Commercial and Corporate Land and Property Amendment of Pleadings Security for Costs Bank Collateral Disputes Fraudulent Misrepresentation Limitation of Actions +1 more

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Parties

Masole Enterprises Limited

Plaintiff

Bala Enterprises Limited

Plaintiff

Gilera Limited

Plaintiff

Koit Developers Limited

Plaintiff

Saman Developers Limited

Plaintiff

Kenete Enterprises Limited

Plaintiff

Marimo Enterprises Limited

Plaintiff

Linsala Enterprises Limited

Plaintiff

Shakhalagha Khwa Jirongo

Defendant

Bethlehem Trading Co. Ltd

Defendant

Procedural Posture

Civil Suit / Ruling on Application for Leave to Amend Plaint and File Supplementary Documents

Legal Issues

  1. 1 Whether the plaintiffs should be granted leave to amend the plaint and file supplementary documents.
  2. 2 Whether the proposed amendments introduce a new cause of action or are statute-barred.
  3. 3 Whether the plaintiffs acted in bad faith in seeking the amendments.

Ratio Decidendi

The court found that, in principle, parties are entitled to amend pleadings to include real issues for hearing and determination, provided the amendments do not introduce a new cause of action that is statute-barred or amount to starting a new suit. The court noted that, due to the absence of the main court file, it could not conclusively verify the factual disputes raised by both parties regarding the veracity of the new evidence or the alleged bad faith. However, relying on the law and the discretionary power under Order 8 of the Civil Procedure Rules, the court granted the plaintiffs leave to amend the plaint and serve the defendants within 14 days, with corresponding leave for the...

Court Disposition

Application for leave to amend plaint allowed with conditions.

Orders

  • Plaintiffs may amend pleadings/plaint and serve the defendants within 14 days.
  • Defendants have corresponding leave to amend their defences within 14 days after service of amended plaint.