[2019] KEELRC 2012 (KLR)
The court held that the general rule allows for amendment of pleadings with leave of court after closure of pleadings and before judgment. The error sought to be corrected was apparent and consistent with the evidence already on record. The respondent would not suffer prejudice as it had not yet presented its...
Source-derived case information.
- Citation
- [2019] KEELRC 2012 (KLR)
- Parties
- Claimant: Rodgers Wambwalaba Alukhaba; Respondent: One Acre Fund Kenya
- Court
- Employment and Labour Relations Court
- Court Station
- Employment and Labour Relations Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Cause 263 of 2017
- Procedural Posture
- Employment Cause / Ruling on Oral Application to Amend Pleadings After Closure of Claimant's Case
- Outcome
- application to amend statement of claim granted
- Judges
- MN Nduma
- Legal Topics
- Amendment of Pleadings, Inherent Powers of Court, Civil Procedure Act Section 100
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rodgers Wambwalaba Alukhaba
Claimant
One Acre Fund Kenya
Respondent
Procedural Posture
Employment Cause / Ruling on Oral Application to Amend Pleadings After Closure of Claimant's Case
Legal Issues
- 1 Whether the claimant should be allowed to amend the statement of claim after closure of his case.
- 2 Whether Article 159 of the Constitution or Section 100 of the Civil Procedure Act permits such amendment.
- 3 Whether the respondent would suffer prejudice by the amendment.
Ratio Decidendi
The court held that the general rule allows for amendment of pleadings with leave of court after closure of pleadings and before judgment. The error sought to be corrected was apparent and consistent with the evidence already on record. The respondent would not suffer prejudice as it had not yet presented its defence and retained the liberty to amend its own pleadings. The court exercised its discretion to allow the amendment, finding that the interests of justice and the applicable procedural rules supported granting the application.
Court Disposition
application to amend statement of claim granted
Orders
- Paragraph C (v) of the statement of claim is amended to read Kshs 161,147 in place of Kshs 68,166.
- Costs in the cause.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE EMPLOYMENT AND LABOUR RELATIONS COURT AT KISUMU
CAUSE NO. 263 OF 2017
(Before Hon. Justice Mathews N. Nduma)
RODGERS WAMBWALABA ALUKHABA.............................CLAIMANT
VERSUS
ONE ACRE FUND KENYA...................................................RESPONDENT
RULING
1. Upon closure of the claimant’s case, the claimant’s advocate made an oral application to amend paragraph C (v) of the respondent to read Kshs 161,147 in place of Kshs 68,166 contained in the statement of claim. The application was based on the evidence placed before court by the claimant. The claimant prayed the court to invoke inherent powers of the court under Article 159 of the constitution.
2. Mr. Shivoka for the respondent opposed the application stating that it was irregular since it is being made after closure of claimant’s case. That Article 159 cannot be invoked where clear rules of court provide the manner amendment are to be sought.
3. However, the counsel for the claimant submitted that Section 100 of the Civil Procedure Act allows amendments to be made due to slip or inadvertence. That no prejudice would be suffered by the respondent that cannot be remedied by way of costs.
4. The court has considered the competing arguments and applicable rules of procedure and finds that the general rule for amendment of proceedings is that pleadings may be amended without leave before closure of pleadings and with leave of court after closure of pleadings and before judgment of the court.
5. Clearly, the matter sought to be amended is an apparent error by counsel in drafting pleadings and the amendment is consistent with the testimony by the claimant.
6. The respondent shall suffer no prejudice by fact of the amendment since it is yet to prefer its defence before court and is at liberty to amend its statement of defence and counter claim before the suit proceeds to defence hearing.
7. Accordingly, the application to amend the statement of claim is granted and paragraph C (v) presently reading Kshs. 68,166 is replaced by a figure of Kshs 161,147.
8. Costs in the cause.
Ruling Dated, Signed and delivered this 21st day of March, 2019
Mathews N. Nduma
Judge
Appearances
Mr. Namatsi for the claimant
Mr. Shifuoka for respondent
Chrispo – Court Clerk