Sidian Bank Limited v Alice Awalo Litunya, Zenith Pharmaceutical Limited, Gregory Kivuva Muinde, Janet Munyiva Nzomo & Land Registrar Kajiado (Sued through the Attorney General [2019] KEELC 4139 (KLR)
- Court
- Environment & Land Court
- Case number
- 4139
- Citation
- [2019] KEELC 4139 (KLR)
Summary at a glance
TypeCivilPostureNotice of Motion for leave to re-amend Amended Plaint and file additional documentsCorampresiding judge
The Plaintiff's application for leave to re-amend its Amended Plaint is granted. The 2nd, 3rd, and 4th Defendants are granted leave to file their Defences and Counterclaim if need be.
Facts
The Plaintiff seeks to re-amend its Amended Plaint to plead additional claims against the 2nd, 3rd, and 4th Defendants for interest and overdraft funds due to the Bank.
Issues
- Whether the Plaintiff should be granted leave to re-amend its Amended Plaint.
- Whether the Plaintiff should be granted leave to file and serve additional documents, Reply to Defence and Counterclaim as well as two witness statements.
Reasoning
The Plaintiff's proposed amendments are necessary for the determination of the real question in controversy and will not prejudice the 2nd, 3rd, and 4th Defendants.
Outcome
The Plaintiff's application for leave to re-amend its Amended Plaint is granted.
Orders
- Grant leave to re-amend the Amended Plaint.
- Grant leave to the 2nd, 3rd, and 4th Defendants to file their Defences and Counterclaim if need be.
Authorities cited
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