David Maina Mutahi Kaihura v The Estate of Ibrahim Manguma Kigathi alias Ibrahim Manguya Kigathi ( Deceased) (sued through the Legal representative /Administrator) Jane Nyaguthii Kigathi [2017] KEELC 3521 (KLR)
- Court
- Environment & Land Court
- Case number
- 3521
- Citation
- [2017] KEELC 3521 (KLR)
- Decided
- 15 February 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePostureApplication for amendment of plaintCoramMUNYAO SILA
Holding
The application for amendment of the plaint is allowed, subject to payment of thrown away costs.
Facts
The plaintiff purchased one acre of land from the deceased Ibrahim Kigathi on 15 August 2003. The land was not transferred to the plaintiff, and the deceased died on 19 December 2006. The plaintiff filed suit to restrain the beneficiaries of the deceased's estate from cultivating the land and to declare himself the bona fide purchaser.
Issues
- Amendment of plaint
- Extension of time for Land Control Board consent
Reasoning
The court allowed the amendment because it would not prejudice the defendant and would give her an opportunity to amend her defence.
Outcome
The application for amendment of the plaint is allowed.
Orders
- Amended plaint to be filed within 7 days
- Amended defence to be filed within 14 days
- Plaintiff to pay thrown away costs of Kshs. 12,500/=
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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