Kabur Mboke Mutinda v Cooperative Bank (K) Ltd [2005] KEHC 2797 (KLR)
- Court
- High Court of Kenya
- Case number
- 2797
- Citation
- [2005] KEHC 2797 (KLR)
- Decided
- 9 May 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureOriginal trialCoramGeorge Dulu, Ag. Judge
Holding
The amended plaint was filed and served on the defendant, and the defendant should file an amended defence within 14 days.
Facts
The plaintiff filed an application to amend the plaint on 15th July 2004, which was consented to by the defendant. The amended plaint was served on the defendant on 19th October 2004, but the defendant did not file an amended defence.
Issues
- Whether the amended plaint should be struck out and the case proceed on the original plaint.
- Whether the defendant was served with a filed amended plaint.
Reasoning
The court found that the amended plaint was filed and paid for on 19th October 2004, and the defendant was served with it. The court ordered the plaintiff to serve a filed copy of the amended plaint on the defendant and the defendant to file an amended defence within 14 days.
Outcome
The case is marked as SOG (Subsequent Order Given) and costs will be in the cause.
Orders
- An amended plaint was filed on 19th October 2004.
- The plaintiff should serve a filed copy of the amended plaint on counsel for the defendants within four (4) days from today's date.
- The defendants should file an amended defence to the amended plaint within fourteen (14) days from the date of service, if they deem it fit to do so.
Remedies
- Costs will be 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.
Loading judgment…