David Jonathan Grantham & another v National Social Security Fund [2005] KEHC 2580 (KLR)
- Court
- High Court of Kenya
- Case number
- 2580
- Citation
- [2005] KEHC 2580 (KLR)
- Decided
- 14 April 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for leave to amend plaint and for leave to file amended defenceCoramRINGER
Holding
The court grants the plaintiffs' application for leave to amend the plaint and for leave to file an amended defence, but strikes off the amended verifying affidavit.
Facts
Plaintiffs seek leave to amend their plaint due to an error in the typing of a crucial paragraph, while the defendant opposes the amendment citing legal requirements and potential prejudice.
Issues
- Whether the plaintiffs can amend their plaint
- Whether the defendant can challenge the amended verifying affidavit
Reasoning
The court finds that an amendment to the verifying affidavit is unnecessary and would give the plaintiffs an unfair advantage. The court grants leave to amend the plaint but not the verifying affidavit.
Outcome
The plaintiffs are granted leave to amend their plaint and to file an amended defence, but the amended verifying affidavit is struck off.
Orders
- Grant leave to amend plaint
- Deem draft amended plaint to be duly filed
- Grant leave to defendant to amend and file amended defence within 14 days
- Strike off amended verifying affidavit
- Plaintiffs meet costs of application and amendments
Remedies
- Leave to amend plaint
- Leave to file amended defence
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- JOSEPH OCHIENG & ORS t/a AQUILINE AGENCIES v. FIRST NATIONAL BANK OF CHICAGO, Civil Appeal No. 149 of 1991
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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