Ngong Butchers Co-operative Society Limited v Patrick Kabue Muchene [2021] KEELC 2862 (KLR)
- Court
- Environment & Land Court
- Case number
- 2862
- Citation
- [2021] KEELC 2862 (KLR)
- Decided
- 17 June 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureMotion to amend pleadingsCoramL. KOMINGOI
Holding
The court grants the defendant/applicant's application to amend its defence and counterclaim.
Facts
The plaintiff and defendant are in a dispute over a property. The defendant/applicant seeks leave to amend its defence and counterclaim due to new discoveries.
Issues
- Whether the defendant/applicant's amendment of the defence and counterclaim is justified
- Whether the amendment will cause prejudice to the plaintiff
Reasoning
The court finds that the defendant/applicant has made a good case to warrant the amendments sought, and there is no demonstrated prejudice to the plaintiff.
Outcome
The court grants the application to amend the defence and counterclaim.
Orders
- Grant leave to amend defence and counterclaim
- Deem annexed draft amended defence and counterclaim as properly filed and served
- Serve amended defence and counterclaim on plaintiff within 14 days
- File supplementary witness statements and documents within 21 days
- Pay full adjournment costs of hearing and bear costs of application
Remedies
- Amendment of defence and counterclaim
Authorities cited
Legislation (3)
- Civil Procedure Act
- Civil Procedure Rules
- Constitution of Kenya
Cases cited (3)
- Central Kenya Ltd vs Trust Bank Ltd
- Martin Wesula Machyo vs Housing Finance of Kenya Ltd & Another
- Africa Safari Club vs Safe Rentals Ltd
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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