Lekakeny v Ketere & another (Civil Appeal (Application) E104 of 2023) [2024] KECA 128 (KLR) (9 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 128
- Citation
- [2024] KECA 128 (KLR)
- Decided
- 9 February 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for leave to amend Notice of AppealCoramJM NGUGI, Washe
Holding
The application is dismissed with costs to the 2nd respondent.
Facts
The applicant, Emmanuel Lekakeny, filed an appeal against a judgment in favor of the 1st respondent, Menkoko Nonkipa Ketere, in the Environment and Land Court at Kilgoris. The 2nd respondent, Oleimpaso Saitoti Nkolope, opposed the appeal, claiming the application was brought in bad faith and that the amendment would prejudice her application.
Issues
- Whether the applicant's Notice of Appeal should be amended to correct typographical errors
- Whether the amendment would prejudice the 2nd respondent's pending application
Reasoning
The Court held that allowing the amendment would cause obvious prejudice and unfairness to the 2nd respondent, who had a pending application before the Court.
Outcome
The application is dismissed.
Orders
- The application is dismissed with costs to the 2nd respondent.
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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