Wood Street Clinic and Nursing Home Limited v Samuel Karanja Thuita & another [2021] KEELC 2974 (KLR)

Summary at a glance

Facts

The plaintiff seeks leave to amend its pleadings to seek appropriate relief against the 2nd defendant due to the 1st defendant's refusal to sign the transfer in a sale agreement.

Issues

• Whether the plaintiff's application for leave to amend pleadings is merited.
• Whether the amendments sought are necessary for the determination of the real issues in controversy.

Reasoning

The court finds that the amendments are necessary for the resolution of the issues and that the 1st defendant has not demonstrated prejudice.

Outcome

The application is allowed.

Orders

• Leave granted to amend the plaint to seek appropriate relief against the 2nd defendant.
• Draft amended plaint deemed to be duly filed upon payment of requisite fees and served within 21 days.
• Corresponding leave granted to defendants to amend their defences if needed.
• Plaintiff at liberty to file additional documents and witness statements within 21 days.
• Corresponding leave granted to defendants to file additional documents and witness statements if needed.
• Costs of the application to be borne by the plaintiff.

Remedies

• Amendment of pleadings to seek appropriate relief against the 2nd defendant.

Authorities cited