https://new.kenyalaw.org/akn/ke/judgment/kecopt/2026/240

Onduso & another v Oyaro & another (Tribunal Case E787 of 2024) [2026] KECOPT 240 (KLR) (Civ) (14 May 2026) (Ruling) Neutral citation: [2026] KECOPT 240 (KLR) Republic of Kenya In the Cooperative Tribunal Civil Tribunal Case E787 of 2024 J Mwatsama, Ag Chair, B Sawe, F Lotuiya, PO Aol & M Chesikaw, Members May 14, 2026 Between Daniel Achoki Onduso 1st Claimant Alfred Mokongu Nyambati 2nd Claimant and Josiah Oyaro 1st Respondent Nyamobite Farmers Co-op Society Limited 2nd Respondent Ruling 1.The matter before the Tribunal for determination is the Claimant’s Notice of Motion Application dated 25th July,2025 brought under Order 8 Rules 3 (1), (2) and (3) of the Civil Procedure Rules, 2010, Section 100 of the Civil Procedure Act and All enabling provisions of the Law. 2.In the application, the Claimant seeks orders:a.That the Honourable Court be pleased to grant leave to the Claimants to amend their statement Claim.b.That the draft amended statement of claim be deemed as properly filed subject to payment of requisite court fees.c.That, the costs of this Application be in the cause. 3.The Application is premised on the grounds set out thereunder and the Supporting Affidavit of Daniel Achoki Onduso, the 1st Claimant, sworn on 25th July, 2025. 4.The grounds of the application are that at the time of filing this claim, the claimants erroneously misquoted the name of the 1st Respondent as Joash Oyaro instead of Josiah Oyaro; that the Claimants seek to amend the Statement of Claim, verifying affidavit, list of witnesses, witness statement and the list of documents to reflect the correct parties;that it is only mete and just that the Claimants be allowed to amend their Statement of claim so that all issues in controversy can be determined. 5.In the Supporting Affidavit, the 1st Claimant depones that at the time the Claimants filed this claim on 8th October 2024, they erroneously misquoted the name of the 1st Respondent as Joash Oyaro instead of Josiah Oyaro; that the error was committed at the time of typing the pleadings; that he seeks to amend the Statement of Claim, Verifying affidavit, list of witnesses, witness statement, the list of documents and authority to reflect the correct parties, in terms of the draft amended statement of claim; that he therefore seeks court’s leave to amend the statement of claim to reflect the correct position and to have all issues in controversy determined once and for all; that it is fair and just that they be granted leave to amend the memorandum of claim.​ 6.The application is not opposed by either Respondent, despite time having been granted by the Tribunal to the Respondents to file responses to the application. Determination. 7.We have considered the application and affidavit in support thereof. 8.The amendment sought by the Claimants seeks only to change the name of a party which was erroneously written as Joash Oyaro instead of Josiah Oyaro. 9.It is evident, looking at the names Joash and Josiah that the two names might be mistaken or easily confused. 10.In the absence of any objection by the 1st Respondents, we have no reason to doubt that the mistake was not genuine. We also have no reason to find that the mistake is misleading or such as to cause any doubt as to the identity of the person intended. 11.We therefore find the application herein dated 25th July, 2025 to be merited in terms of Order 8 of the Civil Procedure Rules and hereby allow the same and order as follows:1.Leave is hereby granted to the Claimants to amend their statement of claim so as to change the name of the 1st Respondent from Joash Oyaro to Josiah Oyaro.2.The Claimants to file and serve the Amended Statement of Claim within seven (7) days from the date hereof. Respondent granted 14 days to file Amended Statement of Defence.3.The costs of this application be in the cause. RULING DATED AND DELIVERED VIRTUALLY AT NAIROBI THIS 14TH DAY OF MAY, 2026.HON. J. MWATSAMA AG. CHAIRPERSON SIGNED 14.5.2026Hon. Beatrice Sawe Member signed 14.5.2026Hon. Fridah Lotuiya Member signed 14.5.2026Hon. Paul Aol Member signed 14.5.2026Hon. Michael Chesikaw Member signed 14.5.2026Mutai Court AssistantNo appearance by parties.Ruling delivered in absence of parties.Hon. J. Mwatsama Ag. Chairperson signed 14.5.2026