[2005] KEHC 1359 (KLR)
The court held that allowing the amendment of the plaint would serve the interests of justice by ensuring that all issues in controversy are properly before the court. The respondent would not suffer prejudice as they would have an opportunity to respond to the amended plaint and could apply to strike out any issues...
Source-derived case information.
- Citation
- [2005] KEHC 1359 (KLR)
- Parties
- Plaintiff: Stephen Karimi Muruga; Plaintiff: Peter J. Gichuki Njuguna; Defendant: Bahati Women Company Limited
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 223 of 2004
- Procedural Posture
- Civil Suit / Ruling on Application to Amend Plaint
- Outcome
- Application for amendment allowed.
- Legal Topics
- Amendment of Pleadings, Interests of Justice, Costs of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Karimi Muruga
Plaintiff
Peter J. Gichuki Njuguna
Plaintiff
Bahati Women Company Limited
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Amend Plaint
Legal Issues
- 1 Whether the plaintiffs should be granted leave to amend their plaint as per the proposed amended plaint.
- 2 Whether allowing the amendment would prejudice the defendant.
- 3 Whether costs should be awarded for the application.
Ratio Decidendi
The court held that allowing the amendment of the plaint would serve the interests of justice by ensuring that all issues in controversy are properly before the court. The respondent would not suffer prejudice as they would have an opportunity to respond to the amended plaint and could apply to strike out any issues if necessary. The application for amendment was therefore allowed, with directions for filing and serving the amended plaint and response, and costs awarded to the respondent.
Court Disposition
Application for amendment allowed.
Orders
- Applicants to file and serve the amended plaint within seven (7) days of the date of the ruling.
- Respondent at liberty to file an amended response within fourteen (14) days of service of the amended plaint.
Full Case Text
Judgment text and source record
7 paragraphs
REPULIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAKURU Civil Suit 223 of 2004STEPHEN KARIMI MURUGA……………………….....…….1ST PLAINTIFF
PETER J. GICHUKI NJUGUNA……………………..….……2ND PLAINTIFFVERSUSBAHATI WOMEN COMPANY LIMITED……………….……DEFENDANTRULING
Having carefully read the application by the applicants/plaintiffs and the replying affidavit filed by the respondent/defendant and also considered the submissions made before me in court, I do hold that it would be in the interest of justice if the applicants are allowed to amend their plaint as per the proposed amended plaint. The issues in controversy have been clearly brought out in the said proposed amended plaint. The respondent would not be prejudiced because they would have a chance to respond to the issues raised in said amended plaint. Further if the issues raised in the amended plaint will be amenable to be struck out, the respondent would be at liberty to make such an appropriate application for the consideration of this court. For the reasons stated, the application for amendment is allowed. The applicants shall file and serve the amended plaint within seven (7) days of today’s date. The respondent is at liberty to file an amended response thereto within fourteen (14) days of the service of the said amended plaint. The costs of the application which I assess at Kshs 3,000/= shall be paid by the applicant to the respondent.
DATED at NAKURU this 11th day of October 2005.
L. KIMARU
JUDGE