Nawal Abdulrahman Abdalla v Eva Kimea [2013] KEELC 136 (KLR)
- Court
- Environment & Land Court
- Case number
- 136
- Citation
- [2013] KEELC 136 (KLR)
- Decided
- 20 September 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand CasePostureApplication for leave to amend defenceCoramO. A. Angote
Holding
The 1st Defendant's application for leave to amend her defence is allowed
Facts
The 1st Defendant claims to have purchased plot number 9339 from Eric Edward Barallon, but the deed plan number is 189054. The Plaintiff claims to be the lawful registered owner of plot number 9339, which has a deed plan number 189054.
Issues
- Whether the 1st Defendant's amendment to her defence should be allowed
- Whether the Plaintiff's claim to plot number 9339 is valid
Reasoning
The court has unfettered discretion to grant or refuse leave to amend pleadings to determine the real issues in controversy and to adjudicate upon the rights of the parties fully and conclusively.
Outcome
The 1st Defendant's application for leave to amend her defence is allowed
Orders
- The 1st Defendant's application for leave to amend her defence is allowed
Remedies
- Each party shall bear her own costs
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Civil Procedure Act
- Order 8 Rule 3
Cases cited (3)
- Eastern Bakery vs Castelino (1958) EA 461
- British India General Insurance Co. Ltd VS G.M.Parmer and Co. (1966) EA 172
- Gropper VS Smith (1884) 26 CD
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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