[2025] KEHC 7589 (KLR)

[2025] KEHC 7589 (KLR)

The court found that the amendments sought to the memorandum of appeal were made in good faith, were relevant to the issues in the appeal, and raised fundamental matters going to the root of the trial court's judgment. There was no opposition to the application, and no prejudice would be occasioned to the respondent, who would have an opportunity to respond to the amended grounds. The court exercised its discretion judicially and granted leave to amend, directing that the amended memorandum of appeal be filed and served within twenty-one days, failing which the leave would lapse.

Citation
[2025] KEHC 7589 (KLR)
Parties
Appellant: Lilian Mwende Mbeta; Respondent: Isaac Odhiambo Ongong’a
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Judgment Date
29 May 2025
Case Number
Civil Appeal 151 of 2023
Procedural Posture
Civil Appeal / Ruling on Application to Amend Memorandum of Appeal
Outcome
application allowed
Judges
EN Maina
Legal Topics
Amendment of Pleadings, Memorandum of Appeal, Court Discretion, Leave to Amend
Source Language
English
Civil Procedure Amendment of Pleadings Memorandum of Appeal Court Discretion Leave to Amend

Case Brief

Summary, issues, holding and outcome

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Parties

Lilian Mwende Mbeta

Appellant

Isaac Odhiambo Ongong’a

Respondent

Procedural Posture

Civil Appeal / Ruling on Application to Amend Memorandum of Appeal

Legal Issues

  1. 1 Whether the appellant should be granted leave to amend the memorandum of appeal to include additional grounds on liability and quantum.
  2. 2 Whether the intended amendments are relevant and whether any prejudice would be occasioned to the respondent.

Ratio Decidendi

The court found that the amendments sought to the memorandum of appeal were made in good faith, were relevant to the issues in the appeal, and raised fundamental matters going to the root of the trial court's judgment. There was no opposition to the application, and no prejudice would be occasioned to the respondent, who would have an opportunity to respond to the amended grounds. The court exercised its discretion judicially and granted leave to amend, directing that the amended memorandum of appeal be filed and served within twenty-one days, failing which the leave would lapse.

Court Disposition

application allowed

Orders

  • Leave is granted to the appellant to amend the memorandum of appeal.
  • The amended memorandum of appeal shall be filed and served within twenty-one (21) days of this ruling, failing which the leave shall lapse.