Lilian Waithera Gachuhi v David Shikuku Mzee [2018] KEELC 4091 (KLR)
- Court
- Environment & Land Court
- Case number
- 4091
- Citation
- [2018] KEELC 4091 (KLR)
- Decided
- 24 January 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAmendment of PleadingsPostureApplication for leave to amend a plaintCoramMiss Cheso, Mr. Momanyi
Holding
The court allows the amendment
Facts
The plaintiff/applicant seeks to amend her plaint filed on 10th February 2003, adding a prayer for general damages. The defendant opposes the amendment, citing the long passage of time and the plaintiff's awareness of the facts.
Issues
- Whether the plaintiff can amend her plaint to include a prayer for general damages
- Whether the proposed amendment would prejudice the defendant
Reasoning
The court grants the amendment as it does not prejudice the defendant and the plaintiff will be required to prove the allegations of trespass.
Outcome
Allowed
Orders
- The plaintiff be allowed to amend her plaint
- The draft amended plaint be deemed to be properly filed subject to payment of requisite court fees
- Costs of this application be provided for
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
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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