Yabune v Munene & 2 others (Environment and Land Case 170 of 2017) [2025] KEELC 6054 (KLR) (17 September 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 6054
- Citation
- [2025] KEELC 6054 (KLR)
- Decided
- 17 September 2025
The court allows the application for leave to amend the defence and counterclaim
Facts
The plaintiff, Yabune, claims that certain developments have occurred during the suit, including the issuance of a certificate of title to the plaintiff's land. The 1st defendant, Munene, had previously applied for amendments but failed to do so. The plaintiff now seeks leave to amend the defence and counterclaim.
Issues
- Whether the 1st defendant is entitled to leave to amend the defence and counterclaim
- Whether the proposed amendments will bring out all the issues in the matter and settle the questions involving the parties
Reasoning
The court grants the application as the proposed amendments will bring out all the issues in the matter and settle the questions involving the parties. The delay in applying is excusable, and the court can compensate the opposite side.
Outcome
The amended defence and counterclaim are to be filed and served within 7 days from the date of the ruling. Costs to the plaintiff.
Orders
- Amended defence and counterclaim to be filed and served within 7 days from the date of the ruling
Remedies
- Costs to the plaintiff
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (6)
- Institute for Social Accountability & Another -vs- Parliament of Kenya & Others [2014] eKLR
- Central Bank of (K) Ltd -vs- Trust Bank Ltd [202] EA 365
- J.C. Patel -vs- D. Joshi [1952] 19 EACA 12
- Ocean Foods Limited -vs- Osotspa Company Limited & 2 others [2020] eKLR
- Easter Bakery -vs- Castellino [1958] EA 462
- Central Bank (K) Ltd -vs- Trust Bank Ltd [202] 2 EA 365
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