Odero v Barclays Bank of Kenya (Cause 1504 of 2018) [2022] KEELRC 3836 (KLR) (19 August 2022) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 3836
- Citation
- [2022] KEELRC 3836 (KLR)
- Decided
- 19 August 2022
Summary at a glance
TypeAmendment of PleadingsPostureApplication for leave to amend statement of claimCoramSC RUTTO
The court grants the application, allowing the claimant to amend its statement of claim and granting the respondent corresponding leave to amend its response.
Facts
The claimant seeks to amend his statement of claim due to an inadvertent omission of key issues and important prayers by his counsel. The respondent opposes the application, citing undue delay and potential prejudice.
Issues
- Whether the claimant should be allowed to amend his statement of claim
- The timing and grounds for allowing the amendment
Reasoning
The court allows the amendment as it is not a new issue but rather an omission by counsel, and the application is made within the allowed timeframe. The court also grants the respondent leave to respond to the amended statement of claim.
Outcome
The claimant is granted leave to amend its statement of claim, and the respondent is granted corresponding leave to amend its response.
Orders
- The claimant is granted leave to amend its statement of claim
- The amended statement of claim to be filed and served upon the respondent within 7 days from the date of this ruling
- The respondent is granted corresponding leave to amend, file and serve its response to the amended statement of claim within 14 days from the date of service with the amended statement of claim
- There will be no orders as to costs
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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