[2014] KEELC 450 (KLR)
The court found that the application to amend the plaint was not opposed by the defendant and that no prejudice would be occasioned to the defendant since the case had not yet commenced. The court emphasized the liberal approach to amendments in civil procedure, provided no injustice or prejudice is caused to the...
Source-derived case information.
- Citation
- [2014] KEELC 450 (KLR)
- Parties
- Plaintiff: Pamela Chebet Choge; Defendant: Kirwa Stephen Bitok
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 476 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Amend Plaint
- Outcome
- application allowed
- Legal Topics
- Amendment of Pleadings, Sale of Land, Loan Transactions, Security for Loans
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Pamela Chebet Choge
Plaintiff
Kirwa Stephen Bitok
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Amend Plaint
Legal Issues
- 1 Whether the plaintiff should be granted leave to amend the plaint.
- 2 Whether the amendment would cause prejudice to the defendant.
Ratio Decidendi
The court found that the application to amend the plaint was not opposed by the defendant and that no prejudice would be occasioned to the defendant since the case had not yet commenced. The court emphasized the liberal approach to amendments in civil procedure, provided no injustice or prejudice is caused to the other party. Accordingly, the court allowed the application, directing the plaintiff to file and serve the amended plaint within seven days and ordered the plaintiff to bear the costs of the application.
Court Disposition
application allowed
Orders
- The application to amend the plaint is allowed.
- The plaintiff is directed to formally file and serve the amended plaint within 7 days from the date of the ruling.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT ELDORET
E&L 476 OF 2013
PAMELA CHEBET CHOGE......................................PLAINTIFF
VS
KIRWA STEPHEN BITOK......................................DEFENDANT
(Application For Amendment Of Plaint; Application Not Opposed By Defendant; No Prejudice Will Be Caused To Defendant; Application Allowed)
RULING
This ruling is in respect of an application dated 17 February 2014 filed by the plaintiff pursuant to the provisions of Order 8 Rules 3, 5 and 7 of the Civil Procedure Rules, 2010. It is an application seeking to amend the plaint.
In the original plaint the plaintiff had pleaded that the defendant had entered into a sale agreement dated 3rd February 2012 in which the defendant transferred the land parcel Pioneer/Ngeria Block 1 (EATEC)/2068 at a consideration of Kshs. 1,300,000/=. It was pleaded that despite having paid the full consideration and the land transferred to her, the defendant has refused to vacate the premises.
In the amended plaint annexed to the application, the plaintiff has elaborated that the actual transaction was one of a loan transaction whereby the plaintiff loaned the defendant a sum of Kshs. 3,900,000/= and the defendant handed over the title to the suit land as security and executed all transfer instruments. It is pleaded that the defendant failed to pay and the plaintiff realized the security.
The application to amend is not opposed by the defendant.
A litigant is at liberty to plead his case as he wishes. Courts are ordinarily liberal when it comes to applications for amendment and will generally allow such applications unless the same will cause prejudice to the other party. I see no prejudice which will be occasioned to the defendant as this case has not yet commenced. I see no reason why the application for amendment should not be allowed. The application is hereby allowed. I direct the plaintiff to formally file and serve the amended plaint within 7 days from today. The plaintiff will however bear the costs of the application.
It is so ordered.
DATED AND DELIVERED AT ELDORET THIS 20TH DAY OF MARCH 2014
JUSTICE MUNYAO SILA
ENVIRONMENT AND LAND COURT AT ELDORET
Delivered in open court in the presence of:
Mr. J.M. Njuguna for plaintiff/applicant
Mr. Aseso holding brief for M/s Andambi for defendant/respondent