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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)

[2019] KEELC 4139 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
4139
Citation
[2019] KEELC 4139 (KLR)
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

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

Legislation (2)
  • Civil Procedure Act
  • Civil Procedure Rules
Cases cited (1)
  • Elijah Kipngeno Arap Bii v Kenya Commercial Bank Limited [2013] eKLR
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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