Halai Brothers Limited v Roy Rimba & another [2021] KEELC 3886 (KLR)

Summary at a glance

Facts

The defendants sought leave to amend their defence and counterclaim to add new parties, alleging that the plaintiff and intended defendants colluded to defeat their claim over the suit property.

Issues

• Whether the defendants should be granted leave to amend their defence and counterclaim to add the intended parties as defendants to the counterclaim.
• Whether the amendments introduce a new and inconsistent cause of action that would change the initial cause of action.

Reasoning

The court finds the intended amendments necessary for determining the real question in controversy between the parties and do not cause injustice or prejudice to the other side.

Outcome

The defendants are granted leave to amend their defence and counterclaim.

Orders

• The defendants are granted leave to join the Director of Land Adjudication and Settlement, the Chief Lands Registrar, the Attorney General and the Lands Registrar, Kilifi as defendants to the counterclaim.
• The defendants are granted leave to file and serve the amended defence and counterclaim upon the plaintiffs within seven (7) days from the date of this ruling.
• The plaintiff and the new parties shall thereafter be at liberty to file their responses or additional responses or amend any filed pleadings and serve the same within a period of seven (7) days following the serve of the amended defence.
• The costs of the application shall be in the cause.

Remedies

• Leave to amend the defendants' defence and counterclaim to add the intended parties as defendants to the counterclaim.

Authorities cited