Pandhaal v Verjee (Environment & Land Case 180 of 2019) [2022] KEELC 79 (KLR) (5 May 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 79
- Citation
- [2022] KEELC 79 (KLR)
- Decided
- 5 May 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAmendment of DefencePostureDefendant seeks leave to amend defence after close of pleadingsCoramMUNYAO SILA
Holding
The application to amend the defence is allowed
Facts
The plaintiff, JAGJIT SINGH GURUMUKH PANDHAAL, claims to be the owner of two parcels of land sold by the defendant, HUSSEIN MOHAMED GULAMHUSSEIN VERJEE, for Kshs. 19,500,000/=.
Issues
- Whether the defendant's application to amend the defence after close of pleadings should be allowed
- Whether the defendant should bear the costs of the application
Reasoning
The court has wide discretion to allow amendments unless there is prejudice to the other party. The defendant had an opportunity to plead the proper defence in the first instance and will therefore bear the costs of the application.
Outcome
The defendant is granted leave to amend the defence within 14 days from the date of the ruling
Orders
- The defendant is granted leave to amend the defence within 14 days from the date of the ruling
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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