[2014] KEELC 331 (KLR)
The court found that there was no opposition to the application for leave to amend the plaint, and that there was no reason to deny the plaintiffs the opportunity to plead their case as they wished. The court exercised its discretion to allow the amendment, noting only that the plaintiffs should ensure the...
Source-derived case information.
- Citation
- [2014] KEELC 331 (KLR)
- Parties
- Plaintiff: Stephen Kipkosgei Samoei, Philip Katui & 60 Others; Defendant: William Chepkiyeny; Defendant: Francis C. Tunoi & 20 Others; Defendant: Director of Land Adjudication, Adjudication Officer Keiyo South District, Chief Land Registrar, Elgeyo Marakwet District Land Registrar, Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 68 of 2013
- Procedural Posture
- Miscellaneous Application / Application for Leave to Amend Plaint
- Outcome
- application allowed
- Legal Topics
- Leave to Amend Pleadings, Joinder of Parties, Fraudulent Land Allocation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Kipkosgei Samoei, Philip Katui & 60 Others
Plaintiff
William Chepkiyeny
Defendant
Francis C. Tunoi & 20 Others
Defendant
Director of Land Adjudication, Adjudication Officer Keiyo South District, Chief Land Registrar, Elgeyo Marakwet District Land Registrar, Attorney General
Defendant
Procedural Posture
Miscellaneous Application / Application for Leave to Amend Plaint
Legal Issues
- 1 Whether the plaintiffs should be granted leave to amend the plaint to include additional defendants and plead particulars of fraud and illegality.
- 2 Whether there is any prejudice to the defendants if the amendment is allowed.
Ratio Decidendi
The court found that there was no opposition to the application for leave to amend the plaint, and that there was no reason to deny the plaintiffs the opportunity to plead their case as they wished. The court exercised its discretion to allow the amendment, noting only that the plaintiffs should ensure the defendants are properly renumbered in the amended plaint. The amendment was allowed to facilitate the just determination of the real issues in controversy, and no prejudice was demonstrated by the defendants.
Court Disposition
application allowed
Orders
- Leave is granted to the plaintiffs to amend the plaint in line with the annexed draft amended plaint, subject to proper sequential renumbering of the defendants.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT ELDORET
E&L 68 OF 2013
STEPHEN KIPKOSGEI SAMOEI
PHILIP KATUI & 60 OTHERS.................................................................PLAINTIFFS
VS
WILLIAM CHEPKIYENY.................................................................1ST DEFENDANT
FRANCIS C. TUNOI & 20 OTHERS..............................................2ND DEFENDANT
(Application for leave to amend the plaint; plaintiffs seeking to amend plaint to include several other defendants and to make certain claims against them; application unopposed; application allowed)
RULING
The suit herein was instituted by way of a plaint filed on 20 February 2013. The plaint as filed was against 22 defendants. It was the claim of the plaintiffs that they are entitled to certain land described as Lower Cheptebo Adjudication Section Plot No. 43 measuring about 400 acres. The plaintiffs contended that the District Land Adjudication and Settlement Office of Keiyo and Marakwet Districts proceeded to sub-divide the said land into various portions and illegally allocated them to the 22 original defendants.
Through this application dated 18 September 2013, the plaintiffs seek leave to amend the plaint to introduce several additional persons as defendants including the Director of Land Adjudication, The Adjudication Officer Keiyo South District, the Chief Land Registrar, the Elgeyo Marakwet District Land Registrar and the Attorney General. The plaintiffs further wish to plead that the adjudication of the suit land was done fraudulently and they seek to plead certain particulars of fraud and illegality against the new defendants.
The application was served upon the Attorney General and the original defendants. None is opposed to the application to amend. On my part I do not see why I should deny the plaintiffs the leeway to plead their case as they wish. I only note that in the draft amended plaint, the numbering of the defendants is not very clear. I therefore grant leave to amend the plaint in line with the annexed draft amended plaint, save that the plaintiffs will need to re-number the parties named as defendants, so that they are named sequentially.
As to costs, the same shall be in the cause.
It is so ordered
DATED AND DELIVERED AT ELDORET THIS 30TH DAY OF JUNE 2014
JUSTICE MUNYAO SILA
ENVIRONMENT AND LAND COURT AT ELDORET
Delivered in the presence of:
Mr. H.O. Aseso present for the plaintiff.
Mr. J.K. Kipnyekwei present for 1st defendant.
Mr. P. Kuria of the state Law office present for intended additional defendants.