Theuri (Suing as the Legal Representative of the Estate of the Late Veronica Wangeci Theuri) v Gikonyo (Sued as the Administrator of the Estate of John N. Gikonyo Deceased) (Environment & Land Case 261 of 2015) [2023] KEELC 21029 (KLR) (26 October 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 21029
- Citation
- [2023] KEELC 21029 (KLR)
- Decided
- 26 October 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePosturePlaintiff seeks leave to amend his further amended originating summons to correct the description of the property.CoramFM NJOROGE
Holding
The plaintiff's application is allowed as prayed.
Facts
The plaintiff's further amended originating summons misspelled the suit property as Nakuru/Rare Block 1/138 instead of Rare/Teret Block 1/138. The defendant opposes the amendment, claiming it will prejudice her defense.
Issues
- Whether the plaintiff should be granted leave to amend his further amended originating summons.
Reasoning
The court allows the amendment because it will not prejudice the defendant and since the court has the unfettered jurisdiction to allow an amendment for the purposes of determining the real issues in controversy.
Outcome
The plaintiff's application for leave to amend his further amended originating summons is granted.
Orders
- Grant leave to amend the further amended originating summons to correct the description of the property from Nakuru/Rare Block 1/138 to Rare/Teret Block 1/138.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- Central Kenya Limited v Trust Bank Limited (2000)2 EA 365
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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