Swaleh Gheithan Saanun v Commissioner of Lands & 5 others [2002] KEHC 1168 (KLR)
- Court
- High Court of Kenya
- Case number
- 1168
- Citation
- [2002] KEHC 1168 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplicant seeks to amend his plaint and accompanying affidavitCoramD.A ONYANCHA
Holding
The Court holds that an affidavit can be amended, but the amended affidavit should not be expunged. The amended plaint should not be struck out as it is still verified by the original verifying affidavit.
Facts
The applicant filed an amended plaint and an amended affidavit, but the defendants argued that the affidavit was amended and should be expunged.
Issues
- Whether an affidavit can be amended
- Whether the applicant's actions amounted to an amendment of the affidavit
- Whether striking out the affidavit would also strike out the amended plaint
Reasoning
The Court rules that an affidavit can be amended, but the substantive content cannot be altered. The title of the affidavit can be amended to identify it with the suit. The Court dismisses the preliminary objection and orders that the preliminary objection is dismissed with costs to the applicant.
Outcome
The preliminary objection is dismissed with costs to the applicant.
Orders
- Preliminary objection is dismissed with costs to the applicant
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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