Francis Mulei Kikemu & 3 others v Elizabeth Mutete Kiio & another [2021] KEELC 2910 (KLR)
- Court
- Environment & Land Court
- Case number
- 2910
- Citation
- [2021] KEELC 2910 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for leave to amend pleadingsCoramHON. MBOGO C.G.
Holding
The plaintiffs are granted leave to amend their plaint to include a prayer for the demolition of illegal structures built by the 1st defendant/ respondent in the suit property.
Facts
The plaintiffs/applicants sought leave to amend their plaint to include a prayer for the demolition of illegal structures built by the 1st defendant/ respondent in the suit property, alleging fraud and misrepresentation.
Issues
- Whether the plaintiffs demonstrated sufficient cause for the exercise of discretion under Section 100 of the Civil Procedure Act and Order 8 Rule 3 of the Civil Procedure Rules.
- Whether the proposed amendments are in order and will cause prejudice to the defendants.
Reasoning
The amendments sought are in order and do not introduce a new cause of action or affect vested interests. The amendment elaborates the cause of action and gives the plaintiffs wide berth to prosecute the whole matters which are in controversy.
Outcome
The plaintiffs are granted leave to amend their plaint.
Orders
- 21 days leave to amend the Plaint as per the copy annexed to the supplementary affidavit sworn on 6th November, 2020.
- Corresponding leave to amend the statements of defence for the defendants.
- Costs of the application to abide the outcome of the main suit.
Remedies
- Leave to amend the plaint to include a prayer for the demolition of illegal structures built by the 1st defendant/ respondent in the suit property.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (4)
- Beatrice Gikunda –Vs- CFC Life Assurance Limited [2020] eKLR
- Central Kenya Ltd –Vs- Trust Bank Ltd [2000] 2 EA 365 (CAK)
- Beoco Ltd v Alfa Laval Co Ltd [1994] 4 All ER 464
- Muleya –Vs- Common Market for Eastern and Southern Africa and another (1) [2003] 1 EA 173 (COMESA)
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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