Safaricom Ltd v Emfil Limited [2019] KEELC 1597 (KLR)

Facts

Defendant filed a counterclaim asserting that she is the registered proprietor of the land and not Jua Maisha Limited, and sought damages for trespass and orders to dismantle telecommunication masts erected on the suit property. Plaintiff filed suit seeking to restrain the defendant from the land parcel.

Issues

1. Amendment of counterclaim
2. Review of ruling

Reasoning

The defendant's prayer for amendment was not opposed by the plaintiff, and the judge granted the leave.

Outcome

Defendant's prayer for amendment of counterclaim was granted