OBADIA KIPRUTO KIRUI v PETER KIPKEMBOI RONO [2010] KEHC 2828 (KLR)
- Court
- High Court of Kenya
- Case number
- 2828
- Citation
- [2010] KEHC 2828 (KLR)
- Decided
- 19 May 2010
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for leave to amend the plaintCoramP.M. MWILU
Holding
The application is allowed on the terms that the amended plaint shall be filed within seven (7) days of the date of this Ruling in default of which the orders hereby granted shall lapse.
Facts
The Plaintiff filed suit against the estate of the father of the Defendant, Peter Kipkemoi Rono, and later realized that the correct name of the Administrator of the estate was Jonathan Kipkemoi Rono.
Issues
- Whether the Plaintiff's application for leave to amend the plaint is timely
- Whether the amendment would introduce a new Defendant and cause prejudice to the Defendant
Reasoning
The amendment is necessary for the effectual determination of the matters in issue, and the courts will freely allow such amendments before judgment.
Outcome
Allowed
Orders
- Amended plaint to be filed within seven (7) days of the date of this Ruling
- Costs to 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.
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