[2014] KEHC 229 (KLR)
The court allowed the application for leave to amend the statement of defence because it was not opposed by the respondents, and consent was recorded during the inter partes hearing. The court exercised its discretion under the Civil Procedure Rules to permit the amendment, finding no prejudice or injustice would be...
Source-derived case information.
- Citation
- [2014] KEHC 229 (KLR)
- Parties
- Plaintiff: Nicholas Mwiti; Plaintiff: Kellen Thirindi; Plaintiff: Miriam Nkirote; Defendant: Geoffrey Mutuma Mutuaruchiu; Defendant: Joseph Kaburu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 91 of 2008
- Procedural Posture
- Civil Suit / Ruling on Application for Leave to Amend Defence
- Outcome
- Application for leave to amend defence allowed by consent.
- Judges
- FM Njoroge
- Legal Topics
- Amendment of Pleadings, Leave to Amend, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nicholas Mwiti
Plaintiff
Kellen Thirindi
Plaintiff
Miriam Nkirote
Plaintiff
Geoffrey Mutuma Mutuaruchiu
Defendant
Joseph Kaburu
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Leave to Amend Defence
Legal Issues
- 1 Whether the defendants should be granted leave to amend their statement of defence.
- 2 Whether the draft amended statement of defence should be deemed as properly filed.
Ratio Decidendi
The court allowed the application for leave to amend the statement of defence because it was not opposed by the respondents, and consent was recorded during the inter partes hearing. The court exercised its discretion under the Civil Procedure Rules to permit the amendment, finding no prejudice or injustice would be occasioned to the plaintiffs. The draft amended statement of defence was deemed properly filed, and costs were ordered to be in the cause.
Court Disposition
Application for leave to amend defence allowed by consent.
Orders
- Leave is granted to the defendants to amend their statement of defence.
- The draft amended statement of defence annexed is deemed as properly filed.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCC 91 OF 2008
NICHOLAS MWITI...........................................................................1ST PLAINTIFF
KELLEN THIRINDI..........................................................................2ND PLAINTIFF
MIRIAM NKIROTE...........................................................................3RD PLAINTIFF
VERSUS
GEOFFREY MUTUMA MUTUARUCHIU.................................1ST DEFENDANT
JOSEPH KABURU....................................................................2ND DEFENDANT
R U L I N G
The application herein seeks orders:
1. that the applicant be granted leave to amend the statement of defence in terms of the annexed draft amended statement of defence.
2. That the draft amended statement of defence annexed here to be deemed as properly filed.
3. That costs of this application be in the cause.
During Interpartes hearing on 10. 2.2014, the application was, by consent, not opposed. It is, therefore, allowed. The respondents are allowed leave to amend their defence.
Delivered in Open Court at Meru this 10th day of February, 2014 in the presence of:
Cc Daniel
Omari for the Defendant
Manases Kariuki for the Plaintiffs
P. M. NJOROGE
JUDGE