Raphael Wandaka v Elizabeth Wambui Mwangi [2016] KEELC 115 (KLR)
- Court
- Environment & Land Court
- Case number
- 115
- Citation
- [2016] KEELC 115 (KLR)
- Decided
- 22 March 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication to amend defence; application not opposed; application allowedCoramMUNYAO SILA
Holding
The application to amend the defence and include a counterclaim is allowed.
Facts
The plaintiffs claim that Muturi Munene, the father and husband of the 1st and 2nd plaintiffs, owned a ballot number 36 in Mukinye Farmers Co-operative Society Limited. This ballot was fraudulently transferred to the defendant, Elizabeth Wambui Mwangi, who now owns the land parcel Gilgil/Karunga Block 5/36.
Issues
- Whether the defendant can amend her defence to include a counterclaim.
- Whether the plaintiffs' suit should be dismissed with costs.
Reasoning
The court is liberal in allowing applications to amend, and there is no prejudice to the plaintiffs as the hearing has not commenced.
Outcome
Application allowed
Orders
- The defendant is directed to file and serve the amended defence and counterclaim 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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