WJ Faulkner v Agricultural Development Corporation [1978] KECA 12 (KLR)
- Court
- Court of Appeal
- Case number
- 12
- Citation
- [1978] KECA 12 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a judgment in a civil suitCoramSIR JAMES WICKS, S.W WAMBUZI, E.J.E LAW
Holding
The appeal is dismissed with costs
Facts
The plaintiff (respondent) claimed Shs 76,000 for goods sold and delivered in 1969. Two amendments were made during the trial, increasing the claim to Shs 78,800 and changing the year from 1969 to 1967 and 1968.
Issues
- Whether the amendment to the plaint was properly allowed
- Whether the plaintiff's claim for goods supplied in 1967 was barred by limitation
Reasoning
The court ruled that the amendment was properly allowed as it was made in the course of the trial and was not an interlocutory proceeding. The plaintiff's claim for goods supplied in 1967 was not barred by limitation as the defendant had notice of the intention to amend the plaint.
Outcome
Appeal dismissed
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