[2015] KEELC 291 (KLR)
The court found that the plaintiff's application to amend the plaint was justified as it sought to address omissions and include new information discovered after the original filing. The amendment would not prejudice the original defendant, who did not oppose the application, and the new parties would have an...
Source-derived case information.
- Citation
- [2015] KEELC 291 (KLR)
- Parties
- Plaintiff: Sarah Chepngeno Munai; Defendant: Esther Chepkoech Sonoiya
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 40 of 2012
- Procedural Posture
- Civil Suit / Ruling on Application to Amend Plaint
- Outcome
- application allowed
- Judges
- MA Silau
- Legal Topics
- Amendment of Pleadings, Joinder of Parties, Land Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sarah Chepngeno Munai
Plaintiff
Esther Chepkoech Sonoiya
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Amend Plaint
Legal Issues
- 1 Whether the plaintiff should be granted leave to amend the plaint to include new parties and additional facts.
- 2 Whether the amendment would prejudice the original defendant.
Ratio Decidendi
The court found that the plaintiff's application to amend the plaint was justified as it sought to address omissions and include new information discovered after the original filing. The amendment would not prejudice the original defendant, who did not oppose the application, and the new parties would have an opportunity to present their case. The court exercised its discretion to allow the amendment in the interest of justice and to ensure that all relevant issues and parties are properly before the court for determination.
Court Disposition
application allowed
Orders
- The plaintiff is granted leave to file the Amended Plaint within 14 days.
- The Amended Plaint must be served upon all parties in the usual manner.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT & LAND COURT AT KERICHO
CIVIL SUIT NO. 40 OF 2012
SARAH CHEPNGENO MUNAI………………………………………….PLAINTIFF
VERSUS
ESTHER CHEPKOECH SONOIYA…….......…………………………..DEFENDANT
RULING
(Application to amend plaint; application not opposed; application allowed)
The application before me is that dated 26th May, 2015 filed by the plaintiff. The application is brought pursuant to the provisions of Order 8 Rule 3, and Order 1 Rules 3, 6, and 10 (4) of the Civil Procedure Rules, and Section 3A of the Civil Procedure Act, CAP 21. The plaintiff is seeking leave to amend the plaint. The reasons given for the application is that there are substantial omissions in the original plaint and that there is new and relevant information discovered after the filing of the plaint.
I have looked at the original plaint filed on 21st May 2012. The same was drawn by the plaintiff who was then acting in person. The case of the plaintiff, in a nutshell, is that she is entitled to 2 acres out of the land parcel Kericho/Litein/1531.
I have looked at the application and the draft amended plaint. I can see that what the plaintiff proposes to do is to add two new parties. The plaint also elaborates that the original defendant is the registered proprietor of the land parcel Kericho/Litein/1531 of which portions of 1. 193 hectares and 0. 202 hectares have been sold to the two new proposed defendants. The plaintiff still wants 2 acres of the said land.
The application has not been resisted by the defendant.
On my part I do not see why I should refuse the application. I think it is only fair that I allow the plaintiff to plead her case as she so wishes. I do not see what prejudice the original defendant stands to suffer. The new defendants will of course have their day in court.
I, therefore, allow the application. I direct the plaintiff to file the Amended Plaint within the next 14 days and serve it upon all parties in the usual manner. The plaintiff will however shoulder the costs of the application.
It is so ordered.
Dated, Signed and delivered on this 22nd day of July, 2015
MUNYAO SILA
JUDGE
ENVIRONMENT AND LAND COURT
PRESENT
Ms Chepkurui Koech Advocate for Plaintiff/applicant
Mr. J.K Kirui Advocate for the Defendant/Respondent
Court Assistant; Kenei