Nyakundi v Kenya Airways Limited (Civil Appeal (Application) E863 of 2022) [2025] KECA 2256 (KLR) (19 December 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 2256
- Citation
- [2025] KECA 2256 (KLR)
- Decided
- 19 December 2025
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal against the Judgment and Decree of the High Court of Kenya at Nairobi (J. N. Mulwa, J.) dated 1st December 2022 in Civil Appeal No. E061 of 2022CoramDK MUSINGA, J.
Holding
The court grants leave to the appellant to amend his Memorandum of Appeal in terms of the proposed draft.
Facts
The appellant, Daniel Gisiora Nyakundi, sought leave to amend his memorandum of appeal due to the omission of some critical grounds and the need to re-draft certain grounds for clarity. The respondent, Kenya Airways Limited, did not oppose the application.
Issues
- Whether the proposed amendment to the appellant's memorandum of appeal complies with the requirements for amendment.
- Whether the amendment will facilitate the determination of the real controversy between the parties and avoid injustice or prejudice to the respondent.
Reasoning
The court considered the application and found that the proposed amendment complies with the requirements, thus granting leave to amend the memorandum of appeal.
Outcome
Leave granted to amend the memorandum of appeal.
Orders
- The amended Memorandum of Appeal should be filed and served within 7 days from the date of delivery of this ruling.
- The costs of this application shall be in the appeal.
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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