[2025] KEHC 9886 (KLR)
The court found that there was a genuine error in the dating of the summons and that no prejudice would be occasioned to any party by allowing the amendment. Exercising its discretion, the court allowed the oral application to amend the date of the summons from 4.7.2024 to 24.7.2024, ensuring the record accurately...
Source-derived case information.
- Citation
- [2025] KEHC 9886 (KLR)
- Parties
- Applicant: Gladys Nekesa; Respondent: Joyce Wafula Kiniale; Respondent: Kennedy Wafula
- Court
- High Court
- Court Station
- High Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 330 of 2012
- Procedural Posture
- Succession Cause / Ruling on Oral Application for Amendment of Summons Date
- Outcome
- Application for amendment of summons date allowed.
- Judges
- MS Shariff
- Legal Topics
- Amendment of Pleadings, Succession Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gladys Nekesa
Applicant
Joyce Wafula Kiniale
Respondent
Kennedy Wafula
Respondent
Procedural Posture
Succession Cause / Ruling on Oral Application for Amendment of Summons Date
Legal Issues
- 1 Whether the court should allow the oral application to amend the date of the summons from 4.7.2024 to 24.7.2024.
Ratio Decidendi
The court found that there was a genuine error in the dating of the summons and that no prejudice would be occasioned to any party by allowing the amendment. Exercising its discretion, the court allowed the oral application to amend the date of the summons from 4.7.2024 to 24.7.2024, ensuring the record accurately reflects the intended date and upholding the principle that procedural errors should not defeat substantive justice.
Court Disposition
Application for amendment of summons date allowed.
Orders
- The date of the summons is amended to read 24.7.2024.
Full Case Text
Judgment text and source record
18 paragraphs
Nekesa v Kiniale & another (Succession Cause 330 & 447 of 2012 (Consolidated)) [2025] KEHC 9886 (KLR) (7 July 2025) (Ruling)
Neutral citation: [2025] KEHC 9886 (KLR)
Republic of Kenya
In the High Court at Bungoma
Succession Cause 330 & 447 of 2012 (Consolidated)
MS Shariff, J
July 7, 2025
Between
Gladys Nekesa
Petitioner
and
Joyce Wafula Kiniale
1st Objector
Kennedy Wafula
2nd Objector
Ruling
1. I have considered the oral application made by Ms Lunani for amendment of the date of the summons from 4. 7.2024 to 24. 7.2024 and I am persuaded that indeed there was an error in the dating of the summons wherefore I allow the same and the date of the summons is hereby amended to read 24. 7.2024
DELIVERED, SIGNED AND DATED AT BUNGOMA THIS 7THDAY OF JULY 2025. M.S. SHARIFFJUDGE