WAB Hotels Ltd (In Receivership) & another v Industrial Development Bank Ltd [2020] KECA 750 (KLR)
- Court
- Court of Appeal
- Case number
- 750
- Citation
- [2020] KECA 750 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory AppealPostureAppeal from the dismissal of an application to further amend pleadingsCoramM. K. KOOME, F. SICHALE, J. MOHAMMED
Holding
The appeal is dismissed with costs to the respondents.
Facts
Wab Hotels Ltd (In Receivership) and Joseph Wambua Mulusya obtained a loan of Ksh 25,000,000 from Industrial Development Bank. The appellants defaulted, and the bank appointed receivers. The appellants sought leave to amend their pleadings.
Issues
- Whether the learned Judge exercised his discretion judiciously when he dismissed the appellants' application to further amend their amended plaint.
- Whether the proposed amendments would cause injustice to the respondents.
Reasoning
The court found that the learned Judge exercised his discretion judiciously and properly applied the relevant legal principles.
Outcome
Appeal dismissed
Authorities cited
Cases cited (4)
- Mbogo and another v Shah [1968] EA 93
- Abayomi Babatunde v Pan Atlantic Shipping & Transport Agencies Ltd & Others S.C. 154/2002
- Ochieng & Others v First National Bank of Chicago [1995] eKLR
- Abdul Karim Khan v Mohamed Roshan (1965) EA.289 (C.A)
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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