Kibage v Kenya Forest Service (Civil Appeal (Application) 80 of 2018 (199 of 2018) [2025] KECA 519 (KLR) (21 March 2025) (Ruling)
- Court
- Court of Appeal
- Case number
- 519
- Citation
- [2025] KECA 519 (KLR)
- Decided
- 21 March 2025
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to amend notice of appealCoramM.C. Oundo, PM Gachoka, Tunoi
Holding
The court allows the amendment of the notice of appeal to correct the name error, but the applicant must amend the documents within 14 days.
Facts
In March 2012, Daniel Maina Kabage instructed Nderitu Komu to file a suit to restrain the Kenya Forest Service from interfering with a parcel of land. Kabage died in September 2017, and the trial court allowed an oral application to amend the name to Gabriel Githaiga. The applicant, now Daniel Kibage, seeks to amend the notice of appeal to reflect this change.
Issues
- Whether the applicant can amend the notice of appeal to correct the name error
Reasoning
The court finds the mistake minor and does not cause prejudice to the respondent. The court allows the amendment as a discretionary power in the clearest of cases.
Outcome
The application is granted.
Orders
- The applicant is ordered to amend the notice of appeal, memorandum of appeal, and record of appeal to remove the name of Daniel Maina Kabage and amend it to read Gabriel Githaiga within 14 days.
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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