Gathuthi Tea Factory Company Limited v Duncan Ndegwa Wambugu [2021] KEELC 1199 (KLR)
- Court
- Environment & Land Court
- Case number
- 1199
- Citation
- [2021] KEELC 1199 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAmendment to PleadingsPosturePlaintiff seeks leave to amend plaint, Defendant opposesCoramJ. O. OLOLA
Holding
The Plaintiff's application is allowed with the direction that the Plaintiff has 14 days to file and serve the amended plaint and the Defendant has 14 days to file and serve an amended statement of defence.
Facts
The Plaintiff seeks to amend its plaint to correct the title number for the suit property from Thegenge/Gathuthi/752 to Thegenge/Gathuthi/753.
Issues
- Whether the amendment will change the nature of the cause of action
- Whether the amendment will prejudice the rights of the opposite party
Reasoning
The amendment is allowed as it does not change the nature of the cause of action and does not prejudice the rights of the opposite party. The amendment is necessary to bring the correct facts on the dispute before the court.
Outcome
Allowed
Orders
- Plaintiff to file and serve the amended plaint within 14 days
- Defendant to file and serve an amended statement of defence within 14 days if necessary
Remedies
- Costs of the application shall be in the suit
Authorities cited
Cases cited (2)
- Eastern Bakery –vs- Castelino (1958) EA 461
- Triple Eight Construction Company (Kenya) Limited -vs- City Finance Bank Limited & 2 Others (2010) eKLR
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.
Loading judgment…