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CHERUIYOT CHELULE ARAP AND ANOTHER v REGIONAL CENTRE FOR SERVICES IN SURVEYING, MAPPING AND REMOTE SENSING [2007] KEHC 2699 (KLR)

[2007] KEHC 2699 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2699
Citation
[2007] KEHC 2699 (KLR)
Decided
15 May 2007
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for leave to amend pleadingsCoramF. AZANGALALA
Holding

The application for leave to amend pleadings is allowed

Facts

The plaintiffs sought leave to amend their plaint dated 14.4.2004, claiming that the proposed amendments are necessary for determining the real question in controversy and fully pleading particulars of special damages. They stated that they had not completed calculating their full dues and wished to correct errors and omissions in the plaint.

Issues

  1. Whether the plaintiffs can amend their pleadings
  2. Whether the defendant will suffer prejudice if the amendments are allowed

Reasoning

The court has a wide discretion to grant leave to amend pleadings at any stage of the proceedings, and the defendant's response did not address the factors to be considered.

Outcome

The application for leave to amend pleadings is allowed

Orders

  • The plaintiffs are allowed to amend their pleadings
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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