NDONGORO GENERAL CONTRACTORS V KENYA EPISCOPAL CONFERENCE SECRETARIAT [2008] KEHC 941 (KLR)
- Court
- High Court of Kenya
- Case number
- 941
- Citation
- [2008] KEHC 941 (KLR)
- Decided
- 7 November 2008
The plaintiff can amend the plaint outside the period of limitation if the amendments flow from the same set of facts. The defendant can raise objections on points of law at any stage of the proceedings. The plaintiff can file a new suit after the period of limitation has expired by seeking leave to file suit out of time.
Facts
The plaintiff filed an original plaint against the Kenya Episcopal Conference, which was later demonstrated to be not a registered society. The plaintiff sought leave to amend the plaint to name the Arch Bishop of Nairobi and the general secretary as defendants.
Issues
- Whether the plaintiff can amend the plaint outside the period of limitation
- Whether the defendant can raise objections on points of law at any stage of the proceedings
- Whether the plaintiff can file a new suit after the period of limitation has expired
Reasoning
The court held that the plaintiff can amend the plaint outside the period of limitation if the amendments flow from the same set of facts. The defendant can raise objections on points of law at any stage of the proceedings. The plaintiff can file a new suit after the period of limitation has expired by seeking leave to file suit out of time.
Outcome
The amended plaint is struck out, and the plaintiff is ordered to seek leave to file suit out of time.
Orders
- The amended plaint is struck out
Remedies
- The defendant will not have costs for the struck out application but will have costs for the struck out suit
Authorities cited
Cases cited (1)
- BETH WANJIRU KAMAU THE LEGAL REPRESENTATIVE OF DAVID KAMAU NJOROGE (DECEASED) VERSUS SAVING AND LOAN (K) LTD
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