Sai Holdings Limited; Prideinn Hotels & Investments Ltd & 3 others (Defendant) (Environment & Land Case 143 of 2013) [2022] KEELC 3381 (KLR) (27 July 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3381
- Citation
- [2022] KEELC 3381 (KLR)
- Decided
- 27 July 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trial decisionCoramN.A. MATHEKA
Holding
The court has the power to amend the pleadings at any stage of the proceedings, and the amendment is necessary to determine the real question or issue raised by the proceeding.
Facts
The case was originally filed for interim orders pending arbitration, but was stayed in 2013. The matter was pending arbitration until 2021 when the arbitrator upheld an objection on jurisdiction. The dispute must now be determined by the court.
Issues
- Whether the court has the power to amend the pleadings at any stage of the proceedings
- Whether the amendment is necessary to determine the real question or issue raised by the proceeding
Reasoning
The court has the power to amend the pleadings at any stage of the proceedings, and the amendment is necessary to determine the real question or issue raised by the proceeding.
Outcome
Both applications are granted
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (2)
- AAT Holdings Limited v Diamond Shields International Ltd (2014) eKLR
- Harrison C Kamau v Blue Shield Insurance Co. Ltd (2006) eKLR
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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