Nekesa v Kiniale & another [2025] KEHC 9886 (KLR)
- Citation
- [2025] KEHC 9886 (KLR)
- Status
- Judgment
- Jurisdiction
- Kenya
- Court
- High Court
- Panel
- MS Shariff
- Case number
- Succession Cause 330 of 2012
- Language
- English
More details
- Court
- High Court
- Panel
- MS Shariff
- Case number
- Succession Cause 330 of 2012
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
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.
02
Material facts
Parties
Gladys Nekesa
ApplicantJoyce Wafula Kiniale
RespondentKennedy Wafula
Respondent03
Procedural history
Posture
Succession Cause / Ruling on Oral Application for Amendment of Summons Date
04
Questions and positions
Legal issues
Whether the court should allow the oral application to amend the date of the summons from 4.7.2024 to 24.7.2024.
Party arguments
- Applicant
- Ms Lunani, on behalf of the applicant, submitted that there was an error in the dating of the summons and sought leave to amend the date from 4.7.2024 to 24.7.2024.
- Respondent
- There is no record of opposition or argument from the respondents regarding the application for amendment.
05
Court’s reasoning
Legal principles
- 01
Order 8 of the Civil Procedure Rules; general principles of amendment of pleadings.
Courts have discretion to allow amendments to pleadings or documents to correct errors that do not prejudice the parties or the proceedings.
06
Ratio, limits and disposition
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.
- The date of the summons is amended to read 24.7.2024.
Source and reliance status
High Court
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Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
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
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