Resley v City Council of Nairobi (Miscellaneous Civil Application 1654 of 2004) [2005] KEHC 2342 (KLR) (25 May 2005) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2342
- Citation
- [2005] KEHC 2342 (KLR)
- Decided
- 25 May 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureRespondent opposed the application for amendment of the statement and for leave to file a further verifying affidavit.CoramA. VISRAM, M.K. IBRAHIM
Holding
The proposed amendments in respect of part B of the statement are hereby rejected and disallowed.
Facts
The applicant sought to amend their statement and file a further verifying affidavit, but the court ruled that the facts must be contained in verifying affidavits or other affidavits allowed by the court.
Issues
- Whether the applicant can amend their statement and file a further verifying affidavit.
- Whether the respondent can expunge the existing facts in part B of the statement.
Reasoning
The court held that the facts in a judicial review application must and can only be contained in the verifying affidavits or other affidavits allowed by the court.
Outcome
The application for leave to amend the statement and file a further verifying affidavit was partly successful.
Orders
- The proposed amendments in respect of part B of the statement are hereby rejected and disallowed.
- The Applicant is granted leave to amend Part D in terms of the draft Amended Statement and paragraph 19 in particular.
- The Applicant is granted leave to file a Further Adavit verifying the facts relied upon within 7 days of today's date.
Remedies
- The Applicant is granted leave to amend Part D in terms of the draft Amended Statement and paragraph 19 in particular.
- The Applicant is granted leave to file a Further Adavit verifying the facts relied upon within 7 days of today's date.
Authorities cited
Cases cited (1)
- Civil Appeal No.45 of 2000 Commissioner General, Kenya Revenue Authority through Republic –V- Silvano Onema Owaki t/a Marenga Filling Station
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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