LONRHO MOTORS E.A. LTD (IN RECEIVERSHIP)T/A FARM MACHINERY DISTRIBUTORS vs MARK KIPTARBEI TOO [2004] KEHC 2212 (KLR)
- Court
- High Court of Kenya
- Case number
- 2212
- Citation
- [2004] KEHC 2212 (KLR)
- Decided
- 13 July 2004
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for leave to amend defenceCoramF. AZANGALALA
Holding
The defendant's application for leave to amend his defence is allowed in terms of prayers 1, 2, 3, and 4 thereof. Prayer 2 is granted subject to the requisite fees being paid.
Facts
The defendant seeks leave to amend his defence due to the former advocates not giving due consideration to certain documents when filing the defence.
Issues
- Whether the defendant's application for leave to amend his defence should be granted
- Whether the proposed amendments will cause any prejudice to the plaintiff
Reasoning
The court allowed the amendment as it is within the discretion of the court and the proposed amendments will not cause any prejudice to the plaintiff.
Outcome
The defendant's application for leave to amend his defence is granted.
Orders
- The defendant's application for leave to amend his defence is granted in terms of prayers 1, 2, 3, and 4 thereof. Prayer 2 is granted subject to the requisite fees being paid.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Order VIA Rule 3(1), 5,7 and 8
Cases cited (3)
- Eastern Bakery v Casterlino (1958) E.A.461
- Omar v E.A. Cargo Handling Services Ltd (1985) KLR.837
- Julia Akelo Kunguru v Seth Lugonzo & 2 others (un reported)
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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