[2018] KEHC 9277 (KLR)
The court held that amendment of pleadings is a straightforward matter and should be allowed as a matter of course, especially where the proceedings have not yet begun and no prejudice would be caused to the respondent. The court found that the applicants identified the need for amendment at the earliest...
Source-derived case information.
- Citation
- [2018] KEHC 9277 (KLR)
- Parties
- Applicant: S W; Applicant: J H; Respondent: C H
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 142 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Amend Pleadings
- Outcome
- application granted
- Judges
- DN Musyoka
- Legal Topics
- Mental Health Act, Guardianship, Custody Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
S W
Applicant
J H
Applicant
C H
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application to Amend Pleadings
Legal Issues
- 1 Whether the petitioners should be allowed to amend their pleadings in the application for custody management and appointment of a guardian under the Mental Health Act.
- 2 Whether the respondent would suffer prejudice if the amendment is allowed.
Ratio Decidendi
The court held that amendment of pleadings is a straightforward matter and should be allowed as a matter of course, especially where the proceedings have not yet begun and no prejudice would be caused to the respondent. The court found that the applicants identified the need for amendment at the earliest opportunity, and that the respondent would not be prejudiced since the proceedings had not commenced. Therefore, the application to amend the pleadings was granted.
Court Disposition
application granted
Orders
- The applicants are granted leave to amend their pleadings as prayed.
- The amended pleadings shall be lodged within fourteen (14) days from the date of the ruling.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
FAMILY DIVISION
MISC. APPLICATION NO. 142 OF 2014
IN THE MATTER OF AN APPLICATION FOR CUSTODY MANAGEMENT AND APPOINTMENT OF A GURADIAN
AND
IN THE MATTER OF THE MENTAL HEALTH ACT, CAP 248
AND
IN THE MATTER OF W H (A PERSON SUFFERING FROM MENTAL DISORDER)
S W.......................1STPETITIONER
J H.......................2ND PETITIONER
VERSUS
C H...........................RESPONDENT
RULING
1. The Motion dated 23rd April 2015 seeks amendment of the petition herein dated 31st July 2014. A challenge to that application was mounted vide a preliminary objection and a notice to cross-examine. I dismissed the two challenges by my ruling of 23rd September 2016.
2. Parties have filed detailed written submissions and filed bundles of authorities. They also addressed me orally on 1st February 2018. I have gone through all the records before me and I have noted the arguments articulated.
3. Amendment of pleadings is usually a straight forward matter, intended to either correct errors or update the information on the record. Courts tend to allow the same as a matter of course, as the courts are vested with wide discretion with regard thereto.
4. The objective of pleadings is to place material before the court by way of stating the party’s case. The pleadings form the foundation of the party’s claim, and it is upon the same that the court bases its decisions. Where pleadings are wanting or inadequate for whatever reason, the law allows for amendment. A party should not be locked out just because their pleadings have problems, so long as the difficulties are identified at the earliest.
5. I do not think the respondents herein would be prejudiced in the least should the pleadings herein be amended. The proceedings are yet to begin. Amendment would not in any way alter the course of the proceedings for they have not begun nor affect the respondent’s defence.
6. I need not say more, I shall grant the application as prayed. The applicant shall lodge their amended pleadings in the next fourteen (14) days from the date of this ruling.
DATED, SIGNED and DELIVERED at NAIROBI this 14TH DAY OF JUNE, 2018.
W. MUSYOKA
JUDGE