[2007] KEHC 1912 (KLR)
The court found that the opposition to the intended amendment was not merited and that there was no sufficient legal basis to deny the applicant leave to re-amend the amended plaint. The court also noted that the issue of the role of a person holding a power of attorney in the suit was not pursued further as the...
Source-derived case information.
- Citation
- [2007] KEHC 1912 (KLR)
- Parties
- Applicant: Shakor Kher Mohamed Ali Hirji; Respondent: Housing Finance Co. Ltd; Respondent: Wattsenterprises
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 226 of 2003
- Procedural Posture
- Civil Case / Ruling on Chamber Summons for Leave to Re Amend Plaint
- Outcome
- application granted
- Judges
- JM Khamoni
- Legal Topics
- Amendment of Pleadings, Chamber Summons, Power of Attorney, Costs in Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shakor Kher Mohamed Ali Hirji
Applicant
Housing Finance Co. Ltd
Respondent
Wattsenterprises
Respondent
Procedural Posture
Civil Case / Ruling on Chamber Summons for Leave to Re Amend Plaint
Legal Issues
- 1 Whether the applicant should be granted leave to re-amend the amended plaint as sought.
- 2 Whether there is any legal bar to a person holding a power of attorney acting in the suit.
Ratio Decidendi
The court found that the opposition to the intended amendment was not merited and that there was no sufficient legal basis to deny the applicant leave to re-amend the amended plaint. The court also noted that the issue of the role of a person holding a power of attorney in the suit was not pursued further as the parties did not provide relevant authorities. Consequently, the court exercised its discretion to allow the amendment as prayed, finding no prejudice or impropriety in granting the application.
Court Disposition
application granted
Orders
- Leave is granted to the applicant to re-amend the amended plaint as prayed.
- The re-amended plaint annexed is deemed duly filed and served.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS)
CIVIL CASE 226 OF 2003
SHAKOR KHER MOHAMED ALI HIRJI ……...……… PLAINTIFF/APPLICANT
versus
HOUSING FINANCE CO. LTD ……….……. 1ST DEFENDANT/RESPONDENT
WATTSENTERPRISES ………….….…….. 2ND DEFENDANT/RESPONDENT
RULING
In this Chamber Summons dated 11th July 2007, the Applicant/Plaintiff seeks leave to "re-amend the Amended Plaint filed herein in the manner shown in the draft Re-amended Plaint annexed herewith." The Applicant wants the re-amended plaint he has annexed herewith be deemed duly filed and served on the parties to the suit. He further wants costs of this application be in the cause.
Grounds in support are on the face of the application which is also supported by the affidavit of Sharok Kher Mohamed Ali Hirji sworn on 11th July 2007.
During the hearing an important question arose as to what a person holding a power of Attorney can be and do in a suit and I gave the two learned counsels in this matter, Mr. Machio and Mr. Sagana time to bring relevant authorities on the issue. But when hearing resumed on the date I had given them, I found they had nothing worthy while. I therefore find no need to pursue that issue in this ruling.
Otherwise the opposition raised by the Respondent against the intended amendment is not merited.
Accordingly, this Chamber Summons is hereby granted as prayed.
Dated this 22nd Day of October 2007.
J. M. KHAMONI
JUDGE