Singh (Suing as the Interim Administrator of the Estate of Mehar Singh Sihra and Kehar Singh) v Mohamud (Environment and Land Case E373 of 2022) [2026] KEELC 1468 (KLR) (12 March 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1468
- Citation
- [2026] KEELC 1468 (KLR)
- Decided
- 12 March 2026
Summary at a glance
TypeEnvironment and Land CasePostureAppeal from an original trialCoramO. A. ANGOTE
Leave is granted to amend the plaint and join new defendants, and to amend paragraph 4 of the plaint. The amended plaint shall be filed and served on all parties within 14 days of this ruling.
Facts
The Plaintiff, Jagjeet Singh, sought leave to amend his plaint and join new defendants, and to amend paragraph 4 of the plaint. The Plaintiff also requested that the original indentures be forwarded for forensic examination.
Issues
- Whether the Plaintiff's Application for amendment is merited?
- Whether the Indentures dated 17th September, 1957 and 5th April, 1991 should be forwarded to the DCI, Kiambu, for forensic examination of the signatures and the report filed in court as evidence?
Reasoning
The court has the discretion to allow amendment of pleadings at any stage of the proceedings, provided it is not unduly delayed, does not introduce a new cause of action, and does not affect vested interests.
Outcome
Appeal granted
Orders
- Leave granted to amend the plaint and join new defendants
- Leave granted to amend paragraph 4 of the plaint
- Amended plaint to be filed and served on all parties within 14 days of this ruling
- Plaintiff to bear the costs of the motion
Remedies
- Amendment of the plaint to join new defendants and amend paragraph 4
- Forensic examination of the indentures
Authorities cited
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