[2014] KEHC 7756 (KLR)
The court held that since the application for amendment was not opposed and there was no evidence of prejudice to the existing or proposed defendants, the plaintiff should be allowed to amend her plaint. The court emphasized the liberal approach to amendments in civil procedure, particularly where the case has not...
Source-derived case information.
- Citation
- [2014] KEHC 7756 (KLR)
- Parties
- Plaintiff: Virginia Wanjiku Mwangi; Defendant: Barclays Bank of Kenya Ltd; Defendant: Garam Investments; Defendant: George Kamau Githire
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 643 of 2012
- Procedural Posture
- Miscellaneous Application / Application for Amendment of Plaint
- Outcome
- application allowed
- Legal Topics
- Amendment of Pleadings, Joinder of Parties, Injunctive Relief, Mortgage Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Virginia Wanjiku Mwangi
Plaintiff
Barclays Bank of Kenya Ltd
Defendant
Garam Investments
Defendant
George Kamau Githire
Defendant
Procedural Posture
Miscellaneous Application / Application for Amendment of Plaint
Legal Issues
- 1 Whether the plaintiff should be granted leave to amend the plaint to add a third defendant and include further particulars of her claim.
- 2 Whether the proposed amendment would cause prejudice to the existing or proposed defendants.
Ratio Decidendi
The court held that since the application for amendment was not opposed and there was no evidence of prejudice to the existing or proposed defendants, the plaintiff should be allowed to amend her plaint. The court emphasized the liberal approach to amendments in civil procedure, particularly where the case has not yet commenced and no party stands to suffer prejudice. The application was therefore allowed, and the plaintiff was directed to file the amended plaint within 14 days.
Court Disposition
application allowed
Orders
- The application for amendment of plaint is allowed.
- The plaintiff is directed to formally file the amended plaint within 14 days from the date hereof.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENMT AND LAND COURT OF KENYA AT ELDORET
E&L 643 OF 2012
Formerly HCC 123 of 2010
VIRGINIA WANJIKU MWANGI …...........................................................PLAINTIFF
VS
BARCLAYS BANK OF KENYA LTD & ANOTHER …...........................DEFENDANTS
(Application for amendment of plaint; plaintiff wishing to amend plaint to add another defendant to the suit; application not opposed; no reason why application should be denied; application allowed)
RULING
The application before me is that dated 3 October 2013 filed by the plaintiff. It is an application for amendment of plaint. The plaintiff wants to amend her plaint to include a 3rd defendant and make further particulars to her claim.
In the original plaint, the plaintiff sued Barclays Bank of Kenya Ltd and Garam Investments. The plaintiff had charged her property Kapsaret/Kapsaret Block 1 (Yamumbi)/661, to the bank to secure certain financial facilities advanced to one George Kamau Githire. Her claim was that the bank had advertised for sale, through Garam Investments, her property, yet all monies that she had secured had been paid by the said George Kamau Githire. Simultaneously with the plaint, she filed an application for injunction. Interim orders were given but the same were vacated as the plaintiff did not succeed in getting an injunction after the inter partes hearing of the application. The suit land was then sold by the bank.
The plaintiff now wants to amend her plaint to include George Kamau Githire as the 3rd defendant. She also wants to reflect the value of the property sold.
The application for amendment is not opposed by the defendants. On my part I see no reason which can persuade me to disallow the proposed amendments. Every party is at liberty to plead his case as he wishes and courts are ordinarily liberal when it comes to amendments unless such amendments can cause prejudice to the other parties in the suit. This case has not yet commenced and I see no prejudice which will be caused to the existing defendants or the new proposed defendant.
I therefore allow the application for amendment of plaint. I direct the plaintiff to formally file the amended plaint within 14 days from the date hereof. The costs of the application will be costs in the cause.
It is so ordered.
DATED AND DELIVERED AT ELDORET THIS 3RD DAY OF APRIL 2014
JUSTICE MUNYAO SILA
ENVIRONMENT AND LAND COURT AT ELDORET.
Delivered in the presence of:
Mr. Etyang holding brief for M/s Ajaa Olubayi for plaintiff
N/A for M/s Walker Kontos for defendant