[2011] KEHC 1419 (KLR)

[2011] KEHC 1419 (KLR)

The court found that the application to amend the plaint was merited as it was necessary to include the proposed defendants, who are the administrators of the deceased's estate, to assist the court in effectively and conclusively determining the matter. The court held that the omission of the correct parties was not intentional and that the amendments would not prejudice the defendants. The court also determined that it would be improper to strike off the 1st defendant at this stage based on the pleadings, as his role in the suit property was still relevant. Accordingly, the court granted leave to amend the plaint as prayed, with costs to be borne by the applicant.

Citation
[2011] KEHC 1419 (KLR)
Parties
Plaintiff: Silvester Nyanje Karisa; Plaintiff: Gilbert Karisa; Plaintiff: Francis Charo; Defendant: Mwangirani Pembe; Defendant: The District Lands Registrar Kilifi; Defendant: The Honourable Attorney General
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Judgment Date
20 July 2011
Case Number
Civil Suit 110 of 2009
Procedural Posture
Civil Suit / Ruling on Application to Amend Plaint
Outcome
application allowed
Judges
DO Ohungo
Legal Topics
Amendment of Pleadings, Joinder of Parties, Rectification of Title Deeds, Administration of Estates
Source Language
English
Civil Procedure Land and Property Amendment of Pleadings Joinder of Parties Rectification of Title Deeds Administration of Estates

Case Brief

Summary, issues, holding and outcome

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Parties

Silvester Nyanje Karisa

Plaintiff

Gilbert Karisa

Plaintiff

Francis Charo

Plaintiff

Mwangirani Pembe

Defendant

The District Lands Registrar Kilifi

Defendant

The Honourable Attorney General

Defendant

Procedural Posture

Civil Suit / Ruling on Application to Amend Plaint

Legal Issues

  1. 1 Whether the plaintiffs should be granted leave to amend the plaint to reflect the correct names of the defendants and include the administrators of the deceased's estate.
  2. 2 Whether the inclusion of the proposed defendants is necessary for the just determination of the suit.
  3. 3 Whether the 1st defendant should be struck off as a party to the suit.

Ratio Decidendi

The court found that the application to amend the plaint was merited as it was necessary to include the proposed defendants, who are the administrators of the deceased's estate, to assist the court in effectively and conclusively determining the matter. The court held that the omission of the correct parties was not intentional and that the amendments would not prejudice the defendants. The court also determined that it would be improper to strike off the 1st defendant at this stage based on the pleadings, as his role in the suit property was still relevant. Accordingly, the court granted leave to amend the plaint as prayed, with costs to be borne by the applicant.

Court Disposition

application allowed

Orders

  • Leave is granted to amend the plaint as prayed.
  • The draft amended plaint attached is deemed as duly filed and served upon payment of requisite fees.