[2007] KEHC 459 (KLR)
The court held that since the hearing had not commenced, the law permits amendments to pleadings at this stage. The applicant's request to amend the amended defence and counterclaim was not prejudicial to the respondent and was not brought too late. There was no abuse of court process. Therefore, leave to amend was...
Source-derived case information.
- Citation
- [2007] KEHC 459 (KLR)
- Parties
- Plaintiff: Salani Enterprises Ltd; Defendant: Geoffrey Josiah K. Rono
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 156 of 2002
- Procedural Posture
- Civil Suit / Ruling on Application for Leave to Amend Defence and Counterclaim
- Outcome
- Application for leave to amend defence granted; costs to respondent.
- Judges
- K Bauni
- Legal Topics
- Amendment of Pleadings, Leave of Court, Prejudice to Parties
- 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
Salani Enterprises Ltd
Plaintiff
Geoffrey Josiah K. Rono
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Leave to Amend Defence and Counterclaim
Legal Issues
- 1 Whether the applicant should be granted leave to amend the amended statement of defence and counterclaim before hearing has commenced.
- 2 Whether granting the amendment would prejudice the respondent or constitute an abuse of court process.
Ratio Decidendi
The court held that since the hearing had not commenced, the law permits amendments to pleadings at this stage. The applicant's request to amend the amended defence and counterclaim was not prejudicial to the respondent and was not brought too late. There was no abuse of court process. Therefore, leave to amend was granted, with the amended defence to be filed within 15 days. The court declined to grant prayer (b) of the application and ordered the applicant to pay the costs of the application to the respondent.
Court Disposition
Application for leave to amend defence granted; costs to respondent.
Orders
- Leave granted to the applicant to amend the amended defence.
- The amended amended statement of defence to be filed within 15 days from the date of the ruling.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
CIVIL SUIT 156 OF 2002
SALANI ENTERPRISES LTD:.........................PLAINTIFF
VERSUS
GEOFFREY JOSIAH K. RONO:.................DEFENDANT
R U L I N G
The applicant seeks for leave from the court to amend his amended statement of defence and counterclaim and the draft amended amended defence to be deemed as properly and duly filed on payment of the court fees.
I have carefully considered the application and the grounds of objection. Indeed this is a 2002 case and should be disposed off quickly. However hearing of the case has never started. The law allows pleadings to be amended at any time before hearing is concluded. The applicant from the averment of his counsel who has sworn supporting affidavit what to clarify the parties as there was confusion as to who the counsel is appearing for. I don’t think that’s that granting of this application will be prejudicial to the respondent neither do I think that it has been brought too late. It is not an abuse of court process. In the circumstances I allow the application and grant leave to the applicant to amend his amended defence. The amended amended statement of defence be filed within 15 days from today’s date which means prayer (b) is not granted.
Applicant to pay costs of this application to the respondents.
Dated and Delivered at Eldoret this 19th day of June,2007
KABURU BAUNI
JUDGE