Kirongo v Jerotich (Environment & Land Case E006 of 2023) [2024] KEELC 4150 (KLR) (16 May 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4150
- Citation
- [2024] KEELC 4150 (KLR)
- Decided
- 16 May 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAmendment of Defence and CounterclaimPostureApplication for amendment of defence and counterclaim grantedCoramMN MWANYALE
Holding
The application for amendment of the defence and counterclaim is allowed.
Facts
The defendant had filed a statement of defence in person on January 23, 2024, and appointed counsel to file an application for amendment of the defence and counterclaim.
Issues
- Whether the application for amendment of the defence and counterclaim is merited.
- Whether the proposed amendment would prejudice the plaintiff/respondent.
Reasoning
The court finds merit in the application due to the existence of new issues not captured in the original statement of defence, which arise from the plaint itself.
Outcome
The application for amendment of the defence and counterclaim is granted.
Orders
- The defendant/applicant is granted leave to amend and serve his defence and counterclaim within 14 days from today.
- The plaintiff/respondent is to file the reply to the defence to the counterclaim within 15 days from the date of service.
- All parties are to comply with Order 11 within 21 days from the date of service of the last pleading to be filed in the matter.
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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