Metian v Moile (Civil Appeal (Application) E863 of 2024) [2026] KECA 429 (KLR) (6 March 2026) (Ruling)
- Court
- Court of Appeal
- Case number
- 429
- Citation
- [2026] KECA 429 (KLR)
- Decided
- 6 March 2026
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil Appeal (Application)PostureApplication for leave to amend memorandum of appealCoramL. M. NDOLO
Holding
The Court will allow the application and admit the amended memorandum of appeal.
Facts
The applicant seeks leave to amend his memorandum of appeal, alleging that the amendment is necessary for final determination of all issues, and that the new grounds are based on evidence and findings by the trial judge.
Issues
- Whether the Court has discretion to allow amendment of a memorandum of appeal.
- Whether the proposed amendments are necessary and will not cause prejudice to the respondent.
Reasoning
The Court exercised its discretion to allow the amendment as it is necessary for final determination of issues and no prejudice will be caused to the respondent.
Outcome
The application is granted.
Orders
- Amended memorandum of appeal admitted as duly filed.
- Costs of the application will be in the appeal.
Authorities cited
Cases cited (1)
- Lillian Wanja Muthoni Mbogo t/a Sahara Consultants & 5 Others v Assets Recovery Agency [2022] KECA 48 (KLR)
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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