Damco Logistics Kenya Limited v Bash Hauliers Limited [2017] KECA 535 (KLR)
- Court
- Court of Appeal
- Case number
- 535
- Citation
- [2017] KECA 535 (KLR)
- Decided
- 12 May 2017
The appeal is allowed, and the order of the High Court dismissing the motion to amend pleadings is set aside. The court substitutes an order allowing the motion to amend.
Facts
Damco Logistics Kenya Limited filed a motion to amend its defense in a suit filed by Bash Hauliers Limited for alleged balance of freight and transportation charges. The appellant contended that the amendments were necessary for the efficient disposal of the case and to avoid multiplicity of suits.
Issues
- Whether the High Court erred in law by dismissing the motion to amend pleadings
- Whether the High Court erred in finding that the proposed amendments would cause prejudice to the respondent
Reasoning
The court held that the amendments were necessary for the just determination of the controversy and that the respondent had not demonstrated any prejudice. The court cited Central Kenya Ltd. v. Trust Bank Ltd. (2000) 2 EA 365 for the principle that amendments to pleadings should be freely allowed unless by allowing them the opposite side would be prejudiced or suffer injustice which cannot properly be compensated for in costs.
Outcome
Appeal allowed
Orders
- Order allowing the motion to amend pleadings
Remedies
- Damco Logistics Kenya Limited shall file and serve its amended defense, set off, and counterclaim within fourteen days
- Damco Logistics Kenya Limited shall have the costs of this appeal
Authorities cited
Cases cited (1)
- CENTRAL KENYA LTD vs. TRUST BANK LTD (2000) 2 EA 365
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