[2022] KEELC 3579 (KLR)
The court found that the proposed amendments to the originating summons were intended to bring before the court all relevant facts regarding the subdivisions and transfers of the suit premises, which would enable a conclusive determination of the dispute. The court was satisfied that the amendments did not introduce...
Source-derived case information.
- Citation
- [2022] KEELC 3579 (KLR)
- Parties
- Applicant: Gerald Muriuki; Respondent: Benson Mbobua
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 34 of 2020
- Procedural Posture
- Environment and Land Case / Ruling on Application to Amend Originating Summons
- Outcome
- application allowed
- Judges
- CK Nzili
- Legal Topics
- Amendment of Pleadings, Originating Summons, Land Subdivision, Joinder of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gerald Muriuki
Applicant
Benson Mbobua
Respondent
Procedural Posture
Environment and Land Case / Ruling on Application to Amend Originating Summons
Legal Issues
- 1 Whether the applicant should be granted leave to amend the originating summons.
- 2 Whether the proposed amendments would prejudice the respondent.
Ratio Decidendi
The court found that the proposed amendments to the originating summons were intended to bring before the court all relevant facts regarding the subdivisions and transfers of the suit premises, which would enable a conclusive determination of the dispute. The court was satisfied that the amendments did not introduce a new cause of action and would not prejudice the respondent, especially since the respondent had not filed any objection to the application. Accordingly, the court exercised its discretion under Order 8 Rule 5(1) of the Civil Procedure Rules to allow the amendments, emphasizing the importance of resolving all issues in the interest of justice.
Court Disposition
application allowed
Orders
- The application to amend the originating summons is allowed.
- The amended originating summons shall be filed and served within 30 days upon the defendant and Naftaly Monte Samson as an interested party.
Full Case Text
Judgment text and source record
22 paragraphs
Muriuki v Mbobua (Environment & Land Case 34 of 2020) [2022] KEELC 3579 (KLR) (11 May 2022) (Ruling)
Neutral citation: [2022] KEELC 3579 (KLR)
Republic of Kenya
In the Environment and Land Court at Meru
Environment & Land Case 34 of 2020
CK Nzili, J
May 11, 2022
Between
Gerald Muriuki
Applicant
and
Benson Mbobua
Respondent
Ruling
1. The plaintiff seeks to amend the originating summons herein in terms of the proposed annexed draft amended originating summons to the supporting affidavit sworn by Gerald Muriuki on January 18, 2022.
2. Though the respondent was granted 7 days to respond to the application dated January 19, 2022 no reply has been filed to date. Under order 8 rule 5 (1) of Civil Procedure Rules is that court would allow an amendment as long as it does not seek to replace a cause of action with a new one and where there would be no prejudice occasioned to the opposite party such as denying a party it a right of defence which has accrued. See Ochieng vs First American Bank of Chicago civil appeal no 147 of 1991.
3. Looking at the proposed amendments it appears the plaintiff is seeking to bring out facts on the subdivisions which have occurred to the suit premises and subsequent transfers.
4. In essence the plaintiff is bringing on board all the issues and facts so as to enable the court to conclusively and finally determine them.
5. I do not see any prejudice the proposed changes would occasion to the defendant.
6. I allow the application. The amended originating summons shall be filed and served within the next 30 days upon the defendant and Naftaly Monte Samson as an interested party to this suit.
Orders accordingly.
DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS/OPEN COURT THIS 11TH DAY OF MAY, 2022In presence of:PlaintiffHON C K NZILIELC JUDGE