CAPITAL FISH (KENYA) LIMITED Formerly FISH PRODUCTS (KENYA) LIMITED v KENYA POWER AND LIGHTING COMPANY LIMITED [2007] KEHC 2828 (KLR)
- Court
- High Court of Kenya
- Case number
- 2828
- Citation
- [2007] KEHC 2828 (KLR)
- Decided
- 13 March 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAmendment to PleadingsPostureApplication to amend the Plaint to include a new cause of action in tortCoramALNASHIR VISRAM
Holding
The application to amend the Plaint is allowed.
Facts
The Plaintiff, a fish exporter, filed a suit in 1998 claiming damages for breach of contract to supply power at the required voltage level, resulting in huge losses. The Plaintiff now seeks to amend the claim to include a claim in negligence.
Issues
- Whether the Plaintiff can amend the pleadings to include a claim in negligence after the limitation period has expired.
- Whether the amendments are necessary for the proper and just resolution of the dispute between the parties.
Reasoning
The amendments arise out of the same facts as the original claim and are necessary for the proper and just resolution of the dispute. The delay in filing the application is not sufficient to deny the amendments.
Outcome
The application is allowed.
Orders
- Allow the application to amend the Plaint to include a claim in negligence.
Authorities cited
Cases cited (9)
- Mortichand Virpal Shah v. I and M Bank (HCCC No. 2335 of 1997)
- Kam Company v. Shelter Afrique (HCCC 49 of 2005)
- Kuloba v. Oduol (2000) LLR 1703
- Fredrick M. Waweru & Another v. Peter Ngure Kimingi (HCCCA No. 171 of 2003)
- African Banking Corporation v. Mavji Construction (2004) EA 1
- Kyalo v. Bayusuf Bros. Ltd. (1983) KLR 229
- Limitations of Actions Act
- Civil Procedure Act
- Civil Procedure Rules
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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