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Jahangir Alaudin Chanandin v Anju Chanandin, Dilip Kumar Partel, Piyush Kumar Patel, Chayaben Patel, Lacheka Lubricants Limited & Femida Alaudin Chananadin (Civil Appeal 444 of 2018) [2020] KECA 102 (KLR) (Civ) (4 December 2020) (Ruling)

[2020] KECA 102 (KLR) Court of Appeal
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Court
Court of Appeal
Case number
102
Citation
[2020] KECA 102 (KLR)
Decided
4 December 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication to amend the Appellant's Memorandum of AppealCoramKANTAI, JA.
Holding

The prayer to amend the Memorandum of Appeal is allowed, and the applicant is ordered to file an amended Memorandum of Appeal within 14 days of the ruling.

Facts

The appellant discovered that not all grounds of appeal were included in the original Memorandum of Appeal, and sought to amend it.

Issues

  1. Amendment of the Appellant's Memorandum of Appeal
  2. Practice of allowing amendment of pleadings if no injustice is occasioned

Reasoning

The court allowed the amendment as it did not cause any prejudice to the respondents and it is the practice of the court to allow amendment of pleadings if no injustice is occasioned.

Outcome

The prayer to amend the Memorandum of Appeal is granted.

Orders

  • The applicant is ordered to file an amended Memorandum of Appeal within 14 days of the ruling.
  • The proposed Amended Memorandum of Appeal is deemed as duly filed and served on the respondents.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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