Kardale & 13 others v District Land Adjudication & Settlement Officer, Transmara & 61 others
Kardale & 13 others v District Land Adjudication & Settlement Officer, Transmara & 61 others (Environment and Land Case 13 of 2021) [2026] KEELC 4470 (KLR) (16 July 2026) (Ruling)
The application was allowed because the proposed amended defence and counter-claim related only to the 10th Plaintiff's claim over parcel Transmara/Nkararo/517, caused no demonstrated prejudice to the other parties, and satisfied the liberal amendment principles under section 100 of the Civil Procedure Act and governing case law. The witness recall was also allowed on a narrow basis because the counter-claim directly implicated the witness's earlier testimony and no hardship was shown.
Source excerpt
- Amendment of pleadings
- Counter-claim
- Recall of witness for further cross-examination
- Prejudice and costs
- Land adjudication record and parcel ownership