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Agesa & 32 others v Exposure Interlink Agencies Ltd & 9 others [2024] KEELC 5526 (KLR)
The court declined a defendant’s request to recant his defence, holding that pleadings are amended, not withdrawn, but allowed recantation of his witness statement.
Madzayo Mrima & Jadi Advocates v County Government of Kilifi [2024] KEELC 242 (KLR)
The court dismissed an unopposed motion to set aside a consent and reinstate an advocate-client bill of costs, finding no consent order on the record.
Kenol Kobil Ltd v David Mugo Ndumia, James Mwangi Ndumia, Julia Nyaguthi Ndumia, Mary Njambi Ndumia (sued as the Administrators and legal representatives of the Estate of Danson Ndumia Mukuria), James Mwangi Ndumia & David Mugo Ndumia [2019] KEELC 461 (KLR)
The court found that the Plaintiff's error in filing a defective amended Plaint was inadvertent and not made in bad faith. The court held that the power to allow amendments is discretionary and should be exercised to do justice, provided no prejudice is occasioned to the other party. The Plaintiff promptly sought to rectify the error upon discovery, and the amendment would not introduce a new or inconsistent cause of action. The court determined that the Defendants would not suffer prejudice that could not be compensated by costs. Accordingly, the court dismissed the Defendants' application t…
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H A B v L A O [2017] KEHC 885 (KLR)
The High Court at Mombasa reinstated a respondent’s withdrawn cross-petition in a long-running divorce cause, finding it fair to allow her to prosecute it.
JULIUS MWIVITHI NZUKU v FERNANDO VISCHI & 21 others [2009] KEHC 1479 (KLR)
The High Court allowed withdrawal of a chamber summons and struck out amended pleadings, but ordered the plaintiff to pay the defendants’ costs.
JULIUS MWIVITHI NZUKU v FERNANDO VISCHI & 21 OTHERS [2009] KEHC 1480 (KLR)
The High Court allowed withdrawal of a chamber summons and struck out amended plaints, but ordered the plaintiff to pay the defendants’ costs.
Thomas Otieno Mbewa v William Okoth Abatha, Legal Rep. Estate of Valintine, Abatha Awour Homabay & Teachers Children Scheme [2009] KEHC 3544 (KLR)
The High Court allowed respondents to withdraw improperly filed Grounds of Opposition, but ordered them to pay costs.
SIMON KURIA KANYINGI v GEORGE BONIFACE NJAU MBUGUA NYANJA, JOSEPH MWANGI NJOROGE (Returning Officer Limuru Constituency AND ELECTORAL COMMISSION OF KENYA [2007] KECA 199 (KLR)
The Court of Appeal held that election petitions are of a public and special nature, governed by a strict statutory regime that does not permit unilateral withdrawal of pleadings or particulars by a party. The court, not the parties, controls the process, and any withdrawal of particulars must be sanctioned by the court, considering potential prejudice to the other party and the integrity of the proceedings. The High Court erred in holding that documents filed are the property of the party filing them and can be withdrawn at will. The withdrawal of particulars in the midst of a part-heard app…
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The Court of Appeal held that election petitions are governed by a special statutory regime that imposes strict controls on the withdrawal of petitions and associated pleadings or particulars. The High Court erred in treating the particulars as the private property of the respondent, allowing their withdrawal without proper legal basis or sufficient justification. The particulars, once filed in response to a court-ordered request, became part of the court record and could not be withdrawn unilaterally by the respondent to avoid cross-examination or for tactical advantage. The withdrawal of su…
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FRIENDS OF TAIWAN & TIBET INTERNATIONAL v NON-GOVERNMENT ORGANISATION BOARD [2007] KEHC 3786 (KLR)
The High Court struck out a judicial review motion after finding the supporting leave papers had been withdrawn and the motion lacked a valid statement and affidavit.
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