[2023] KEMC 130 (KLR)
The court found that the application to amend the defence was made in accordance with Order 8 rule 3 of the Civil Procedure Rules, was timely, in good faith, and would not prejudice or cause injustice to the plaintiff. The court relied on established principles that amendments should be allowed unless they...
Source-derived case information.
- Citation
- [2023] KEMC 130 (KLR)
- Parties
- Plaintiff: Patrizia Cilli Events SRLS; Defendant: Robert Kabata & another
- Court
- Magistrate's Court
- Court Station
- Milimani Commercial Chief Magistrate's Courts
- Jurisdiction
- Kenya
- Case Number
- Civil Suit E1460 of 2022
- Procedural Posture
- Civil Suit / Ruling on Application to Amend Defence
- Outcome
- Application to amend defence allowed.
- Judges
- JP Aduke
- Legal Topics
- Amendment of Pleadings, Order 8 Rule 3, Leave to Amend Defence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrizia Cilli Events SRLS
Plaintiff
Robert Kabata & another
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Amend Defence
Legal Issues
- 1 Whether the defendant should be granted leave to amend the defence under Order 8 rule 3 of the Civil Procedure Rules.
- 2 Whether the proposed amendment would prejudice or cause injustice to the plaintiff.
Ratio Decidendi
The court found that the application to amend the defence was made in accordance with Order 8 rule 3 of the Civil Procedure Rules, was timely, in good faith, and would not prejudice or cause injustice to the plaintiff. The court relied on established principles that amendments should be allowed unless they fundamentally alter the claim or prejudice the other party, and that costs can compensate for any inconvenience. Since the plaintiff did not oppose the application and no substantive prejudice was demonstrated, the court exercised its discretion to allow the amendment, awarding costs to the plaintiff and granting liberty to respond to the amended defence within 21 days.
Court Disposition
Application to amend defence allowed.
Orders
- Leave is granted to the defendant to amend the defence as prayed.
- Plaintiff is awarded costs of the application.
Full Case Text
Judgment text and source record
17 paragraphs
Patrizia Cilli Events SRLS v Kabata & another (Civil Suit E1460 of 2022) [2023] KEMC 130 (KLR) (11 May 2023) (Ruling)
Neutral citation: [2023] KEMC 130 (KLR)
Republic of Kenya
In the Milimani Commercial Chief Magistrate's Courts
Civil Suit E1460 of 2022
JP Aduke, SRM
May 11, 2023
Between
Patrizia Cilli Events SRLS
Plaintiff
and
Robert Kabata & another
Defendant
Ruling
1. The Applicant moved this court seeking leave to amend the Defence on record under Order 8 rule 3 of the Civil Procedure Rules in the Civil Procedure Act. The Notice of Motion Application dated 22nd June 2022 is supported by the affidavit of Moraa Onsare. The same is before me unopposed by the plaintiff’s counsel. Parties filed and exchanged written submissions.
2. Having considered the said application, and the plaintiff’s response in court on 28th July 2022 against the provisions of Order 8 rule 3 of the Civil Procedure Rules, I note that the Plaintiff will not suffer any prejudice or injustice if the same is allowed. I have relied on the reasoning of the court in St Patrick’s Hill School Ltd vs Bank of Africa Kenya Ltd[2018] eKLR where the court held that “proposed amendment of pleadings should be done in a timely fashion and in good faith provided costs can compensate the other party, should not substantively reframe the claim before court in a manner likely to deny the defendant’s rights including the right to rely on the law on limitation of actions……..”The present application meets these requirements. In the circumstances, it is my considered view that the same is merited and I allow the same. Costs awarded to the Plaintiff. The plaintiff is at liberty to file any response to the amended defence within 21 days of this ruling.File back to the registry. Parties to move court for a Pre-Trial Conference Date on lapse of 21 days.
ADUKE JEAL PRAXADES ATIENOSENIOR RESIDENT MAGISTRATERULING DELIVERED AND SIGNED AND DELIVERED THIS 11TH MAY 2023. In the presence of :Court Assistant: Mr. Benjamin KombeCounsel for the Plaintiff –n/aCounsel for Defence-n/a