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ABDULHALIM AHMED SALYANI vs RUKIYABHAI MOHAMED SALEH [2004] KEHC 1913 (KLR)

[2004] KEHC 1913 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1913
Citation
[2004] KEHC 1913 (KLR)
Decided
26 February 2004
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a lower court decisionCoramKhaminwa, J.
Holding

The application to amend the defendant's defense is allowed.

Facts

The suit was filed on January 27, 1994, and has been inactive for the last 10 years. The defendant sought to amend her defense on July 17, 1997, including a counter-claim. The plaintiff resisted the amendment.

Issues

  1. Amendment of the defendant's defense
  2. Prejudice to the plaintiff

Reasoning

The court found no prejudice to the plaintiff and allowed the amendment.

Outcome

The application to amend the defendant's defense is allowed.

Orders

  • Amended Defense to be filed within 7 days
  • Plaintiff to file reply and defense to counter-claim within 14 days
  • Costs 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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