[2014] KEHC 2434 (KLR)
The court granted the plaintiff leave to further amend the plaint as sought in the application, noting that all parties had consented to the orders. The court exercised its discretion to allow the amendments in the interest of justice and to facilitate the determination of the real issues in dispute. The court also...
Source-derived case information.
- Citation
- [2014] KEHC 2434 (KLR)
- Parties
- Plaintiff: Mohammed Idi; Defendant: Judda K. Mbijiwe; Defendant: Land Adj. & Settlement Officer Meru Central; Defendant: Land Registrar Meru Central; Defendant: Hon. Attorney General
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 26 of 2009
- Procedural Posture
- Civil Suit / Ruling on Application for Leave to Further Amend Plaint
- Outcome
- Application allowed by consent.
- Judges
- FM Njoroge
- Legal Topics
- Amendment of Pleadings, Leave of Court, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohammed Idi
Plaintiff
Judda K. Mbijiwe
Defendant
Land Adj. & Settlement Officer Meru Central
Defendant
Land Registrar Meru Central
Defendant
Hon. Attorney General
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Leave to Further Amend Plaint
Legal Issues
- 1 Whether the plaintiff should be granted leave to further amend the plaint.
- 2 Whether the draft further amended plaint should be deemed duly filed upon payment of requisite fees.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court granted the plaintiff leave to further amend the plaint as sought in the application, noting that all parties had consented to the orders. The court exercised its discretion to allow the amendments in the interest of justice and to facilitate the determination of the real issues in dispute. The court also allowed the defendants to file amended statements of defence as appropriate and ordered that costs of the application be in the cause. The ruling was based on the principle that amendments should be freely allowed where they do not prejudice the other parties and where all parties have consented, there is no reason to deny the application.
Court Disposition
Application allowed by consent.
Orders
- Leave granted to the plaintiff to further amend the plaint in terms of the annexed draft.
- The draft further amended plaint to be deemed duly filed once paid for.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CIVIL SUIT NO. 26 OF 2009
MOHAMMED IDI........................................................................PLAINTIFF
VERSUS
JUDDAH K. MBIJIWE.....................................................1ST DEFENDANT
LAND ADJ.& SETTLEMENT OFFICER MERU CENTRAL...2ND DEFENDANT
LAND REGISTRAR MERU CENTRAL...............................3RD DEFENDANT
HON. ATTORNEY GENERAL...........................................4TH DEFENDANT
RULING
This application is dated 26. 7.2013 and seeks orders:
1. THAT Honourable Court may be pleased to grant leave to the Plaintiff/Applicant to make further amended plaint in terms of the draft further amendment to his plaint hereto annexed.
2. THAT the annexed draft of Further Amended Plaint be deemed duly filed once it is paid for.
3. THATcosts of this application be provided for.
By consent of all parties the application is allowed. The defendants are allowed to file amended statements of defence, as appropriate. Costs shall be in the cause.
Delivered in open court at Meru this 5th day of June, 2014 in the presence of:
Cc. Daniel/Lilian
Gatare Ringera for plaintiff
Miss Thibaru for 1st defendant
Kiongo for 2nd, 3rd and 4th defendant absent
P . M. NJOROGE
JUDGE