Suleiman v Kiunga (Suing as the Administrator of Stephen Michuki Kiunga) (Environment & Land Case 358 of 2009) [2024] KEELC 4271 (KLR) (14 May 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4271
- Citation
- [2024] KEELC 4271 (KLR)
- Decided
- 14 May 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAmendment of PlaintPostureApplication for leave to amend the PlaintCoramLL NAIKUNI
Holding
The application is allowed subject to the preconditions of paying thrown away costs and filing the amended Plaint within 14 days.
Facts
The Plaintiff seeks to amend her original Plaint dated October 19, 2009, to reflect the true set of facts in the case, due to errors made by her previous advocates.
Issues
- Whether the amendment is allowed
- Who will bear the costs of the application
Reasoning
The court allowed the amendment as it was necessary for the court to make an informed decision and the errors made by the previous advocates would have caused prejudice to the Plaintiff's claim.
Outcome
The application is allowed with conditions
Orders
- Plaintiff to pay thrown away costs of Kshs. 25,000 to the Defendant within 7 days
- Plaintiff to file and serve the amended Plaint within 14 days
- Defendant to file and serve the amended Defence and/or Counter-Claim if needed
- Plaintiff to file replies to the amended Defence and Defence to the amended Counter-Claim
- Matter to be fixed for hearing on October 16, 2024 with a pre-trial conference on July 15, 2024
Remedies
- Costs of the application to be in the cause
Authorities cited
Legislation (2)
- Civil Procedure Act, Cap. 21
- 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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