Isaac Juma Kasera & 10 others v Bidco Oil Refineries Limited [2020] KEELRC 947 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 947
- Citation
- [2020] KEELRC 947 (KLR)
- Decided
- 5 June 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAmendment of PleadingsPostureRespondent opposed the application to amend the memorandum of claim, but the court allowed the amendment.CoramBYRAM ONGAYA
Holding
The court allowed the amendment of the memorandum of claim but excluded the 12th claimant and ordered the parties to take steps for the expeditious hearing and determination of the suit.
Facts
The claimants filed an application to amend their memorandum of claim and to enjoin the 12th claimant, Felix Omondi Otieno, due to alleged errors in the initial pleadings.
Issues
- Whether the claimants should be allowed to amend their memorandum of claim
- Whether the 12th claimant should be included in the proceedings
Reasoning
The court found that the claimants should be allowed to plead particulars of their case to facilitate the determination of the real issues in dispute, and that the amendment does not amount to a new cause of action.
Outcome
The application for amendment was granted.
Orders
- Leave granted to file and serve an amended memorandum of claim
- Amended memorandum of claim to be filed and served by 12.06.2020
- Amended memorandum of response to be filed and served by 26.06.2020
- Costs of the application in the cause
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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