Mbitha v Bromine Investments Limited & 6 others (Civil Appeal (Application) E002 of 2022) [2024] KECA 111 (KLR) (9 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 111
- Citation
- [2024] KECA 111 (KLR)
- Decided
- 9 February 2024
The application is allowed, and the proposed memorandum of appeal annexed to the application dated 10th November 2022 is deemed as duly filed and served upon payment of the requisite court fees.
Facts
The applicant, Kalume Karisa Mbitha, seeks leave to amend the memorandum of appeal in an appeal from the judgment and decree of the Environment and Land Court at Malindi. The amendment is necessary to enable determination of all issues in controversy, particularly regarding the lawful ownership of Plot No. Kili/Mtondia/61 (Mtondia/61).
Issues
- Whether the amendment is necessary to enable determination of all issues in controversy
- Whether the amendment introduces a totally new ground of appeal
Reasoning
The court considers the nature and extent of the amendment and whether it will assist in the just determination of the real questions in dispute. The application is brought in good faith and is not irrelevant to the appeal.
Outcome
The preliminary objection is dismissed, and the proposed memorandum of appeal is deemed as duly filed and served upon payment of the requisite court fees.
Orders
- The proposed memorandum of appeal annexed to the application dated 10th November 2022 is deemed as duly filed and served upon payment of the requisite court fees.
- Each party to bear their own costs.
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