ALICE NJOKI WAITIKI & 4 others v MOSES NDUNGU MUNGA & another [2012] KEHC 2137 (KLR)
- Court
- High Court of Kenya
- Case number
- 2137
- Citation
- [2012] KEHC 2137 (KLR)
- Decided
- 28 September 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for leave to further amend plaintCoramH.P.G. WAWERU, ASIKE-MAKHANDIA
Holding
Leave to amend the plaint is granted
Facts
The Plaintiffs applied for leave to further amend their amended plaint, seeking to add the 3rd and 4th Defendants due to the land in issue being subdivided. The 3rd and 4th Defendants opposed the application.
Issues
- Whether leave to amend the plaint should be granted
- Whether the Plaintiffs have a cause of action against the 3rd and 4th Defendants
Reasoning
The court finds no reason to deny the Plaintiffs leave to amend their plaint, as the policy of the law is that leave to amend should be freely granted unless there will be grave prejudice to the opposite party. The further amendments sought are as a consequence of the addition of the 3rd and 4th Defendants in these proceedings at their own instance.
Outcome
Leave to further amend the plaint is granted
Orders
- Further amended plaint is to be filed within 14 days of delivery of this ruling
- Costs of the application will be in the cause
Remedies
- Leave to further amend the plaint
Authorities cited
Legislation (1)
- 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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