Oyolla v Awange & 2 others (Environment and Land Miscellaneous Application E035 of 2022) [2024] KEELC 1708 (KLR) (4 April 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1708
- Citation
- [2024] KEELC 1708 (KLR)
- Decided
- 4 April 2024
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for Leave to Amend PlaintCoramOGUTTU MBOYA
Holding
The Application is meritorious and the Plainti/Applicant is allowed to amend the Plaint to include a specific prayer against the 3rd Defendant.
Facts
The Plaintiff filed a suit seeking a declaration that the Defendants hold the suit property in trust for him. The Plaintiff did not seek a specific prayer against the 3rd Defendant, who is the registered owner of the property.
Issues
- Whether the Application for Leave to amend the Plaint is meritorious
- Whether the Defendant/Respondents shall suffer any prejudice or grave injustice, not compensable by an award of costs
Reasoning
The Plaintiff's failure to include a specific prayer against the 3rd Defendant in the original suit does not introduce a new cause of action. The amendment has a peripheral impact on the suit.
Outcome
The Application is allowed.
Orders
- The Plainti/Applicant shall proceed to file and serve the amended Plaint within 7 days from the date of this ruling.
- Costs of the Application are awarded to the Defendants/Respondents in the sum of Kes. 15,000/=, payable to the 1st and 2nd Defendants and the 3rd Defendant each
Remedies
- Allowance of the Application for Leave to amend the Plaint
Authorities cited
Legislation (1)
- Civil Procedure Rules, 2010
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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