[2014] KEELC 14 (KLR)
The court allowed the application for leave to amend the plaint because both parties consented to the amendment, and the court was satisfied that the amendment was necessary for the full determination of the issues in controversy. The court found that there would be no prejudice to the defendant and that the...
Source-derived case information.
- Citation
- [2014] KEELC 14 (KLR)
- Parties
- Plaintiff: Muita Thiritkwa; Defendant: Abdul Rahim Dawood
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 129 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Amend Plaint
- Outcome
- Application for leave to amend plaint allowed by consent.
- Judges
- FM Njoroge
- Legal Topics
- Amendment of Pleadings, Leave of Court, Prejudice to Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Muita Thiritkwa
Plaintiff
Abdul Rahim Dawood
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Amend Plaint
Legal Issues
- 1 Whether the plaintiff should be granted leave to amend the plaint after close of pleadings.
- 2 Whether the proposed amendments would prejudice the defendant.
- 3 Whether granting leave to amend is in the interest of justice.
Ratio Decidendi
The court allowed the application for leave to amend the plaint because both parties consented to the amendment, and the court was satisfied that the amendment was necessary for the full determination of the issues in controversy. The court found that there would be no prejudice to the defendant and that the interests of justice required that the plaintiff be allowed to amend the plaint. The court exercised its discretion under the Civil Procedure Rules to allow the amendment, directing the plaintiff to file the amended plaint within 14 days and granting the defendant leave to amend the defence if necessary.
Court Disposition
Application for leave to amend plaint allowed by consent.
Orders
- The plaintiff is granted leave to amend the plaint in terms of the annexed amended plaint.
- The amended plaint to be filed within 14 days from the date of the ruling.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENY AT MERU
HCC NO. 129 OF 2012
MUITA THIRITKWA..........................PLAINTIFF
VERSUS
ABDUL RAHIM DAWOOD...............DEFENDANT
R U L I N G
This application is dated 30th June, 2014 and seeks orders:
THATthe honourable Court be pleased to grant the Plaintiff leave to amend the Plaint in terms of the annexed amended Plaint.
THATcosts of the Application be in the cause.
It has, inter alia, the following grounds:
(a) THAT for the full determination of the questions in controversy, there is need to amend the Plaint.
(b)THAT there is need of leave of the court to amend the Plaint since the pleadings are closed.
(c) THAT the proposed amendments will not prejudice the Defendant.
(d) THAT it is in the interest of justice that the Plaintiff be allowed to amend the Plaint.
During interpartes hearing on 25. 11. 2014 the parties, by consent, agreed to have the application allowed. In the circumstances, it is hereby allowed.
It is also directed as follows:
The amended plaint to be filed within 14 days from today.
The Respondent, if necessary, is allowed to put in an amended defence within 14 days after the amended plaint is served upon him by the plaintiff.
It is so ordered.
Delivered in Open Court at Meru this 25th day of November, 2014 in the presence of:
Cc. Daniel
Rimita h/b Mwirigi for Plaintiff/Applicant
Mutunga for Defendant/Respondent
P. M. NJOROGE
JUDGE