Demeure Cloud Nine Limited v Nairobi City County Government (Environment and Land Case Civil Suit 285 of 2019) [2022] KEELC 3400 (KLR) (27 July 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3400
- Citation
- [2022] KEELC 3400 (KLR)
- Decided
- 27 July 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAmendment of PleadingPostureApplication for leave to amend pleadingsCoramSO OKONG'O
Holding
The application for leave to amend the plaintiff's pleadings is allowed
Facts
Demeure Cloud Nine Limited filed a suit against Nairobi City County Government to restrain the latter from interfering with its approved development on LR No 1/854. The plaintiff claimed pecuniary losses due to the defendant's actions and sought to introduce new claims for special damages.
Issues
- Whether the plaintiff's application for leave to amend its pleadings should be granted
- Whether the proposed amendment would prejudice the defendant or cause injustice
Reasoning
The court found that the amendment is necessary for the determination of real questions in controversy and will not prejudice the defendant or cause injustice.
Outcome
The application is allowed
Orders
- The plaintiff is granted leave to amend its plaint in terms of the draft amended plaint annexed to the affidavit in support of the application
- The amended plaint shall be filed within 14 days from the date of the ruling
- The defendant shall be at liberty to amend its defence within 14 days of service of the amended plaint
- The plaintiff shall be at liberty to file a reply to the amended defence if any within 7 days of service
- The costs of the application shall be in the cause
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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