[2017] KEHC 1251 (KLR)
The court found that the application for leave to amend the plaint was unopposed and merited. The judge considered that amendments to pleadings should generally be allowed to enable the real issues between the parties to be determined, especially where there is no opposition or demonstrated prejudice to the other...
Source-derived case information.
- Citation
- [2017] KEHC 1251 (KLR)
- Parties
- Applicant: Sophia Anyango Olelach; Defendant: John Omondi Odie; Defendant: Vivian Oliver Wasonga
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 449 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Amend Plaint
- Outcome
- Application allowed.
- Judges
- GMA Ongondo
- Legal Topics
- Amendment of Pleadings, Leave to Amend, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sophia Anyango Olelach
Applicant
John Omondi Odie
Defendant
Vivian Oliver Wasonga
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Amend Plaint
Legal Issues
- 1 Whether the plaintiff/applicant should be granted leave to amend her plaint as per the draft annexed.
- 2 Whether the draft amended plaint should be deemed as duly filed and served.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court found that the application for leave to amend the plaint was unopposed and merited. The judge considered that amendments to pleadings should generally be allowed to enable the real issues between the parties to be determined, especially where there is no opposition or demonstrated prejudice to the other side. The court therefore granted the orders as sought in the application, allowing the amendment of the plaint, deeming the draft amended plaint as duly filed and served, and ordering that costs be in the cause.
Court Disposition
Application allowed.
Orders
- Leave is granted to the plaintiff/applicant to amend her plaint as set out in the draft annexed.
- The draft amended plaint is deemed as duly filed and served.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
ENVIRONMENT AND LAND COURT AT MIGORI
ELC CASE NO. 449 OF 2017
SOPHIA ANYANGO OLELAH............APPLICANT/PLAINTIFF
VERSUS
JOHN OMONDI ODIE...................................1ST DEFENDANT
VIVIAN OLIVER WASONGA.......................2ND DEFENDANT
RULING
1. A Notice of Motion dated 26/9/2017 by plaintiff/Applicants for orders :-
1. That the plaintiff/applicant be granted leave to amend her plaint as set out in draft amended plaint herein annexed.
2. That the draft amended plaint be deemed as duly filed and served.
3. That the costs of this application be in the cause.
2. The Plaintiff/Applicants counsel Kwanga Mboya has sought to have it allowed following discussion he has had with the Defendants/Respondent’s counsel, Evans Mainga.
3. The Notice of Motion is not opposed or at all by the Defendants/Respondents.
4. I find the Notice of Motion merited and I allow it in terms of orders 1,2 and 3 sought therein.
DELIVERED, SIGNED and DATEDin open court at MIGORI this4thday of December 2017.
G. M. A. ONGONDO
JUDGE
In the presence of;
Mr. Kwanga Mboya counsel for the Plaintiff/Applicant