[2025] KEELC 3696 (KLR)

[2025] KEELC 3696 (KLR)

The court found that the Defendant's application to amend the Defence was merited as it sought to address the real issues in controversy and correct any defects in the pleadings. The court held that the Plaintiff would not be prejudiced by the amendment since he would have an opportunity to respond to the new issues...

Source-derived case information.

Citation
[2025] KEELC 3696 (KLR)
Parties
Plaintiff: Hosea Lenkanoma Ngambaa; Defendant: Kennedy Muiruri Kimani
Court
Environment and Land Court
Court Station
Environment and Land Court at Kajiado
Jurisdiction
Kenya
Judgment Date
5 May 2025
Case Number
Environment & Land Case E102 of 2022
Procedural Posture
Notice of Motion / Ruling on Interlocutory Application for Leave to Amend Defence
Outcome
Application allowed; leave to amend Defence granted with consequential orders.
Judges
LC Komingoi
Legal Topics
Amendment of Pleadings, Leave to Amend Defence, Recall of Witness, Cross Examination, Admissibility of Evidence
Source Language
english
Civil Procedure Land and Property Amendment of Pleadings Leave to Amend Defence Recall of Witness Cross Examination Admissibility of Evidence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Hosea Lenkanoma Ngambaa

Plaintiff

Kennedy Muiruri Kimani

Defendant

Procedural Posture

Notice of Motion / Ruling on Interlocutory Application for Leave to Amend Defence

Legal Issues

  1. 1 Whether the Defendant should be granted leave to amend his Defence as per the draft annexed.
  2. 2 Whether the Plaintiff's witness should be recalled for cross-examination on the amended defence.
  3. 3 Whether the Defendant should be allowed to call an advocate as a witness regarding the sale agreement and memorandum of lending.

Ratio Decidendi

The court found that the Defendant's application to amend the Defence was merited as it sought to address the real issues in controversy and correct any defects in the pleadings. The court held that the Plaintiff would not be prejudiced by the amendment since he would have an opportunity to respond to the new issues raised. The court relied on Order 8 Rule 5 of the Civil Procedure Rules, 2010, and relevant case law, which provide that amendments should generally be allowed if they are material, made in good faith, and do not fundamentally alter the nature of the case or cause injustice to the other party. The court further found that recalling the Plaintiff's witness for cross-examination...

Court Disposition

Application allowed; leave to amend Defence granted with consequential orders.

Orders

  • The Defendant/Applicant is granted leave to amend his Defence as per the draft annexed.
  • The amended Defence is deemed duly filed upon payment of requisite fees.