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Fredrick Cheruiyot Kilel v David Cheruiyot Bett & 3 others [2017] KEELC 1682 (KLR)

[2017] KEELC 1682 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
1682
Citation
[2017] KEELC 1682 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureAmendment of PleadingsCoramJ.M ONYANGO
Holding

The court allows the application to amend the pleadings.

Facts

The plaintiff seeks to amend the Originating Summons to reflect new parcel numbers resulting from the sub-division of the original title number KERICHO/SOSIOT/473.

Issues

  1. Whether the plaintiff has a genuine claim against the respondents.
  2. Whether the amendment of pleadings should be allowed.

Reasoning

The court exercises its discretion to allow the amendment as it is made in good faith and will not prejudice the respondents.

Outcome

The application is allowed.

Orders

  • The draft Amended Originating Summons filed with the Notice of Motion be deemed as duly filed upon payment of the requisite court filing fees.

Authorities cited

Cases cited (1)
  • Institute for Social Accountability & Another Vs. Parliament of Kenya & 3 Others (2014) eKLR
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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