REPUBLIC v THE PERMANENT SECRETARY MINISTRY OF STATE FOR DEFENCE EX-PARTER.M. KINYANJUI [2011] KEHC 2668 (KLR)
- Court
- High Court of Kenya
- Case number
- 2668
- Citation
- [2011] KEHC 2668 (KLR)
- Decided
- 20 May 2011
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for leave to amend statementCoramD. MUSINGA
Holding
The court allows the ex parte applicant's application for amendment of the statement dated and filed on 24th April, 2007 as prayed.
Facts
The ex parte applicant filed judicial review proceedings seeking one prayer for payment of Kshs.22,779,946/=. The respondent paid the amount to the ex parte applicant's counsel by August 2007. The ex parte applicant's advocate sought leave to amend the statement regarding the relief sought.
Issues
- Whether the court has discretion to allow amendments to the statement
- Whether the amendment sought is intended to circumvent the respondent's submissions
- Whether the ex parte applicant's mental condition is relevant
Reasoning
The court allows the amendment as it is necessary to deal with the issue of costs and interest. The ex parte applicant's counsel stated that the mistake sought to be rectified is a genuine one.
Outcome
The ex parte applicant's application for amendment is allowed.
Orders
- The costs of the application shall 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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