Safaricom Limited v Josenga Company Limited & 4 others [2020] KEELC 2677 (KLR)
- Court
- Environment & Land Court
- Case number
- 2677
- Citation
- [2020] KEELC 2677 (KLR)
- Decided
- 12 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAmendment of defense applicationCoramJ.G. KEMEI
Holding
The amendment is allowed, and the Plaintiff is granted leave to recall its witness if needed.
Facts
Sabin Githina, a defendant in a land dispute, sought to amend her defense, counterclaim, and cross-claim against the plaintiff and co-defendants. She claimed that she had discovered new facts about parcel 5993 and 5992, which were created simultaneously in 2004.
Issues
- Whether the amendment of the defense is allowed
- Whether the amendment will confuse the issues and cause prejudice
Reasoning
The Court found that the amendment is consistent with the original defense and counterclaim, and no prejudice will be visited on the parties. The Court granted leave to the Plaintiff to recall its witness and the defendants to amend their defenses.
Outcome
The application is allowed.
Orders
- Allow the amendments as prayed with costs of the application payable to the 1st, 3rd, and 5th Respondents
- Grant leave to the Plaintiff to recall its witness if need be
- Grant the 1st, 3rd, and 5th Respondents the liberty to amend their defenses/file replies within the next 30 days
- Grant the Plaintiff leave to file any replies if need be to the amended defense and counterclaim within a similar period
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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