[2001] KEHC 747 (KLR)
The court held that the Civil Procedure Rules, specifically Order 6A rule 1(8), grant the court discretion to hear and determine oral applications for amendment of pleadings, including notices of motion. The rules are designed to provide flexibility and avoid delays in proceedings. Therefore, the applicant was...
Source-derived case information.
- Citation
- [2001] KEHC 747 (KLR)
- Parties
- Plaintiff: Peter Nganga Muiruri; Defendant: Credit Kenya Ltd. & 5 Others
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 3665 of 1991
- Procedural Posture
- Civil Suit / Ruling on Application to Amend Notice of Motion
- Outcome
- Application to amend Notice of Motion allowed; applicant to bear costs for specified dates; amended application to be filed within 7 days.
- Legal Topics
- Amendment of Pleadings, Oral Applications, Court Discretion, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Nganga Muiruri
Plaintiff
Credit Kenya Ltd. & 5 Others
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Amend Notice of Motion
Legal Issues
- 1 Whether the applicant can orally apply for leave to amend the Notice of Motion at this stage of proceedings.
- 2 Whether such an application must be made by substantive application or can be made orally under the Civil Procedure Rules.
Ratio Decidendi
The court held that the Civil Procedure Rules, specifically Order 6A rule 1(8), grant the court discretion to hear and determine oral applications for amendment of pleadings, including notices of motion. The rules are designed to provide flexibility and avoid delays in proceedings. Therefore, the applicant was permitted to amend the application orally, subject to the condition that the applicant bears the costs for the specified dates. The applicant is required to file the amended application within seven days.
Court Disposition
Application to amend Notice of Motion allowed; applicant to bear costs for specified dates; amended application to be filed within 7 days.
Orders
- Applicant is granted leave to amend the Notice of Motion.
- Applicant shall meet the costs for 30.10.2000 and today.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL SUIT NO. 3665 OF 1991 CONSOLIDATED HCCC NO. 160 OF 1995 AND MISC. HCCC NO. 1498 OF 1995 (O.S.)
PETER NGANGA MUIRURI………………………PLAINTIFF -VERSUS- CREDIT KENYA LTD. & 5 OTHERS…………..DEFENDANTS
RULING
Mr. Wamalwa applies for leave to amend the Notice of Motion at this stage. The application is opposed on the grounds that the applicant ought to do so by way of a substantive application.
Order 6A rule 1 (8) of the Civil Procedure Rules provide that:
“Applications under this Order shall be made by Summons but the court may nevertheless hear and determine an oral application in court”
Order 6A rule (1) 2 to 5 of the Civil Procedure Rules deal with amendments to pleadings. Sub 4 of the Order provides that:
“4 Rule 3 shall have effect in relation to an originating summons, a petition and originating notice of Motion as it has effect in relation to a plaint”
The Rules were designed to give to the court the laxity to hear an application orally to avoid delays in the hearing of the proceedings. I allow the applicant to amend the application but the applicant will meet the costs for 30. 10. 2000 and to days.
The applicant shall file the amended application within 7 days.
Delivered and dated this 31st day of January, 2001
KASANGA MULWA JUDGE