[2018] KEELC 3363 (KLR)
The court found that the application for leave to amend the plaint was justified by the change in the status of the parties following the earlier ruling. The amendment was necessary to reflect the true position of the suit, specifically to include Joseph Kathenya Kanampiu as the 4th defendant and Njagi Kanampiu as...
Source-derived case information.
- Citation
- [2018] KEELC 3363 (KLR)
- Parties
- Plaintiff: Njagi Kanampiu (suing as next friend Joseph Kathenya Kanampiu); Defendant: Kellen Nchunguni Riungu & 2 Others; Intended Defendant: Joseph Kathenya Kanampiu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 265 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Amend Plaint
- Outcome
- Application for leave to amend plaint allowed.
- Judges
- FM Njoroge
- Legal Topics
- Amendment of Pleadings, Joinder of Parties, Compliance With Civil Procedure Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Njagi Kanampiu (suing as next friend Joseph Kathenya Kanampiu)
Plaintiff
Kellen Nchunguni Riungu & 2 Others
Defendant
Joseph Kathenya Kanampiu
Intended Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Amend Plaint
Legal Issues
- 1 Whether the plaintiff should be granted leave to amend the plaint to reflect the changed status of parties.
- 2 Whether Joseph Kathenya Kanampiu should be joined as the 4th defendant.
- 3 Whether the amendment is necessary for the effective determination of the issues in controversy.
Ratio Decidendi
The court found that the application for leave to amend the plaint was justified by the change in the status of the parties following the earlier ruling. The amendment was necessary to reflect the true position of the suit, specifically to include Joseph Kathenya Kanampiu as the 4th defendant and Njagi Kanampiu as the plaintiff. The court exercised its discretion to allow the amendment in the interest of justice and to ensure that all issues in controversy could be fully and effectively determined. The court also directed all parties to comply with Order 11 of the Civil Procedure Rules to facilitate expeditious hearing and disposal of the suit.
Court Disposition
Application for leave to amend plaint allowed.
Orders
- Plaintiff/applicant granted leave to file an amended plaint as per the annexed draft.
- Plaintiff’s advocate allowed to include Joseph Kathenya Kanampiu as the 4th defendant and Njagi Kanampiu as plaintiff.
Full Case Text
Judgment text and source record
38 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 265 OF 2017
FORMERLY MERU ELC. 79 OF 2014
NJAGI KANAMPIU (SUING AS NEXT FRIEND
JOSEPH KTHENYA KANAMPIU)...............PLAINTIFF/APPLICANT
VERSUS
KELLEN NCHUNGUNI RIUNGU & 2 OTHERS.........DEFENDANTS
RULING
1. This application is dated 10th May, 2018 ad seeks the following orders:
1. That the court be pleased to grant the plaintiff/applicant leave to file an amended plaint as per the annexed draft.
2. That costs be in the cause.
2. The application has the following grounds:
a) The ruling of the court dated 19th March, 2018 necessitates amendment of the plaint.
b) The status of the plaintiff effectively changed after the ruling.
c) The person on whose behalf the suit was instituted has become a witness to the defendant.
d) Amendment is necessary for the court to effectively determine the issues in question.
3. The application is supported by the affidavit of Njagi Kanampiu sworn on 10th May, 2018 and it states as follows:
I, NJAGI KANAMPIU, of P. O. Box 2602, EMBU, in the Republic of Kenya do hereby make oath and state as follows:-
1. That I am the plaintiff/applicant herein and hence competent to swear this affidavit.
2. That I instituted the suit herein on behalf of one Joseph Kathenya Kanampiu apparently being a person who cannot institute a suit on his own behalf (annexed herein and marked NK 1 is a copy of the plaint).
3. That after filing of the said suit the said Joseph Kathenya Kanampiu swore an affidavit claiming that he was a person who could be able to defend his interest (annexed herein and marked NK 2 is a copy of the said affidavit).
4. That he has also done a statement to that effect (annexed herein and marked NK 3 is his witness statement)
5. In view of the court ruling of 19th March, 2018 it is necessary to amend the plaint in order to reflect the true position of the suit and I wish to include the said Joseph Kathenya Kanampiu as a 4th defendant in this suit (annexed herein and marked NK 4 is a copy the draft amended plaint).
6. That the amendment sought is necessary in order for the court to fully determine the issues under controversy.
7. That what is deponed to herein is true to the best of my knowledge, information and belief.
4. This is an old matter filed way back in 2011, seven year ago. This suit requires to be heard and determined expeditiously.
5. In order not to delay the hearing of this suit and in the interest of justice, the plaintiff’s advocate is allowed to include Joseph Kathenya Kanampiu as the 4th defendant and to also include Njagi Kanapiu as the plaintiff.
6. All parties are ordered to fully comply with order 11 of the Civil Procedure Rules within 14 days of today.
7. I order that hearing of the suit proceeds on 19th June, 2018.
8. It is so ordered.
Delivered in open Court at Chuka this 15th day of May, 2018 in the presence of:
CA: Ndegwa
Majau for 1st, 2nd and 3rd Defendants
Njagi Kanampiu – Plaintiff
Joseph Kathenya Kanampiu – Intended 4th Defendant
P.M. NJOROGE
JUDGE