Kiplangat Arap Biator v Esther Tala Chepyegon [2006] KEHC 3017 (KLR)
- Court
- High Court of Kenya
- Case number
- 3017
- Citation
- [2006] KEHC 3017 (KLR)
- Decided
- 31 March 2006
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for leave to amend statement of defence to include a counter-claimCoramD. MUSINGA
Holding
The court grants leave to the applicant to amend her defence to include a counter-claim
Facts
The plaintiff had not applied for consent of the land control board to transfer the suit premises, a parcel of land known as NAKURU/OLENGURUONE/3.
Issues
- Whether the applicant can amend the statement of defence to include a counter-claim
- Whether the amendment will prejudice the respondent
Reasoning
The court considers the amendment merited and grants leave, given the serious land dispute and the nature of the matter to resolve the dispute once and for all.
Outcome
Leave granted to amend the statement of defence to include a counter-claim
Orders
- The applicant should do so within the next ten (10) days from the date hereof
- The costs of this application shall be to the plaintiff/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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