[2024] KEHC 15057 (KLR)
The court found that the application for leave to amend the Memorandum of Appeal was unopposed, as the respondents neither attended the hearing nor filed any response. There was no evidence of prejudice or injustice that would result from granting the application. The court, therefore, exercised its discretion to...
Source-derived case information.
- Citation
- [2024] KEHC 15057 (KLR)
- Parties
- Appellant: Salome Wanjiru Thuo; Appellant: Gladys Mumbi Ndua; Respondent: Nelson Githinji Ndua; Respondent: Virginia Wanini
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Family Appeal E005 of 2024
- Procedural Posture
- Family Appeal / Ruling on Interlocutory Application for Leave to Amend Memorandum of Appeal
- Outcome
- Application allowed as unopposed; leave to amend Memorandum of Appeal granted.
- Judges
- DO Chepkwony
- Legal Topics
- Leave to Amend Pleadings, Memorandum of Appeal, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Salome Wanjiru Thuo
Appellant
Gladys Mumbi Ndua
Appellant
Nelson Githinji Ndua
Respondent
Virginia Wanini
Respondent
Procedural Posture
Family Appeal / Ruling on Interlocutory Application for Leave to Amend Memorandum of Appeal
Legal Issues
- 1 Whether the appellants should be granted leave to amend their Memorandum of Appeal.
- 2 Whether the proposed amended Memorandum of Appeal should be deemed properly filed upon payment of requisite court fees.
- 3 Whether costs should be determined at this stage or abide the outcome of the appeal.
Ratio Decidendi
The court found that the application for leave to amend the Memorandum of Appeal was unopposed, as the respondents neither attended the hearing nor filed any response. There was no evidence of prejudice or injustice that would result from granting the application. The court, therefore, exercised its discretion to allow the appellants to amend their Memorandum of Appeal, deeming the proposed amended Memorandum as properly filed and served upon payment of requisite court fees. The issue of costs was deferred to abide the outcome of the appeal.
Court Disposition
Application allowed as unopposed; leave to amend Memorandum of Appeal granted.
Orders
- The appellants are granted leave to amend their Memorandum of Appeal.
- The proposed amended Memorandum of Appeal is deemed properly filed and served upon payment of requisite court fees.
Full Case Text
Judgment text and source record
24 paragraphs
Thuo & another v Ndua & another (Family Appeal E005 of 2024) [2024] KEHC 15057 (KLR) (26 November 2024) (Ruling)
Neutral citation: [2024] KEHC 15057 (KLR)
Republic of Kenya
In the High Court at Kiambu
Family Appeal E005 of 2024
DO Chepkwony, J
November 26, 2024
Between
Salome Wanjiru Thuo
1st Appellant
Gladys Mumbi Ndua
2nd Appellant
and
Nelson Githinji Ndua
1st Respondent
Virginia Wanini
2nd Respondent
Ruling
1. Vide a Notice of Motion application dated 8th November, 2021, the Appellants/Applicants have sought for orders that:-a.The Honourable Court grants the Appellants/Applicants leave to amend their Memorandum of Appeal.b.The proposed Amended Memorandum of Appeal annexed thereto be deemed to be properly filed upon such other or further directions that this Honourable Court may be pleased to issue.c.This Honourable Court be pleased to give directions as to costs.
2. The application is based on the grounds set out on its face and Supporting Affidavit sworn by Salome Wanjiru Thuo, the 1st Appellant/Applicant on even date.
3. The Respondents’ counsel was served with the application and directions issued on the 11th November, 2024, thus date was fixed in the presence of both counsel for the parties herein.
4. The Respondents’ counsel is not in attendance and he has not sent representation to explain their absence. It is also noted that he is yet to file any response to the application dated 8th November, 2024.
5. In view of this, the Notice of Motion application dated 8th November, 2024 be and is hereby deemed as unopposed and the same is allowed in the following terms:-a.The Appellants/Applicants are hereby granted leave to amend their Memorandum of Appeal.b.The proposed Amended Memorandum of Appeal annexed hereto be and is hereby deemed as properly filed and served upon payment of requisite court fees, if at all.c.Costs to abide the outcome of the appeal.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 26TH DAY OF …NOVEMBER 2024. D. O. CHEPKWONYJUDGEIn the presence of:No appearance for and by the RespondentMr. Rashid counsel for AppellantCourt Assistant - Martin