Africa Inland Church Kenya (Trustees Registered) v Naomi Enyang & another [2020] KEELC 3481 (KLR)
- Court
- Environment & Land Court
- Case number
- 3481
- Citation
- [2020] KEELC 3481 (KLR)
- Decided
- 27 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand CasePostureApplication for leave to file amended plaint and extension of timeCoramMWANGI NJOROGE
Holding
The application is granted, the amended plaint dated 25/7/2019 is set aside, and leave is granted for the extension of time and the amended plaint is deemed duly filed and served. The plaintiff shall bear the costs of the application.
Facts
The plaintiff filed an amended plaint on 30/7/2019, which was struck out by the court on 30/7/2019 due to irregularities. The plaintiff sought to set aside the striking out order and extend the time for filing the amended plaint.
Issues
- Whether the court should set aside its order striking out the amended plaint
- Whether the court should grant leave for the extension of time and deem the amended plaint duly filed and served
Reasoning
The judge found the grounds plausible and granted the application as prayed in prayers Nos. (a) and (b). The judge noted the pressure of work and the need for the County Government of Turkana to be included as a third defendant.
Outcome
Granted
Orders
- Set aside the striking out order of the amended plaint
- Grant leave for the extension of time and deem the amended plaint duly filed and served
Remedies
- Extension of time for filing the amended plaint
- Costs of the application to be borne by the plaintiff
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules 2010
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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