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Nation Media Group Ltd v Salaba Agencies Limited & 2 others [2005] KEHC 2453 (KLR)

[2005] KEHC 2453 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2453
Citation
[2005] KEHC 2453 (KLR)
Decided
3 June 2005
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a previous rulingCoramH. M. OKWENGU
Holding

The court allows the application to amend the originating summons and orders that the applicant shall have leave to amend the originating summons within 15 days from the date hereof.

Facts

The plaintiff, Mucemi Thiongo, filed an originating summons dated 2nd September 2003, which was erroneously described as a Chamber Summons. The defendant, Peter Mbogo Gitahi, sought to amend the summons.

Issues

  1. Amendment of originating summons
  2. Pleadings

Reasoning

The court found the original summons to be defective and allowed the amendment to rectify the defect, stating that no prejudice will be suffered by the respondent.

Outcome

Appeal allowed

Orders

  • Leave granted to amend the originating summons within 15 days from the date hereof
  • Applicant to pay costs of the application to the Respondent
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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