Bernard Mwangi Nderitu & 5 others v Ndiara Enterprise Limited [2021] KEELC 589 (KLR)
- Court
- Environment & Land Court
- Case number
- 589
- Citation
- [2021] KEELC 589 (KLR)
- Decided
- 24 November 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trial judgmentCoramHonourable Eboso
Holding
The court finds that the preliminary objection is not merited and will treat it as a response to the current application. The court will allow the amendment of pleadings as per the consent order.
Facts
The plaintiffs were officials of Saikoma Self Help Group but were ousted and filed the suit in their personal capacity. The defendant sought to be granted leave to amend the originating summons.
Issues
- Whether the defendant's preliminary objection is merited.
- Whether the plaintiffs should be granted leave to amend the originating summons.
Reasoning
The court finds that the preliminary objection should be raised on purely points of law and not on facts that require evidence. The court will allow the amendment of pleadings as per the consent order.
Outcome
The application for leave to amend the originating summons is granted.
Orders
- The Plaintiffs are granted leave to amend the originating summons.
- The Plaintiffs are to be replaced by officials of Saikoma Self Help Group.
- The Plaintiffs are to file and serve a joint amended O.S.
- The Plaintiffs are to file and serve a replying affidavit and an amended plaint within 30 days of service.
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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