DINAH JEPCHIENG CHEPYEGON & ANOTHER V KEVIN KIPTANUI KIMWATAN [2012] KEHC 3060 (KLR)
- Court
- High Court of Kenya
- Case number
- 3060
- Citation
- [2012] KEHC 3060 (KLR)
- Decided
- 20 July 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from an original trial judgmentCoramA Mshila
Holding
The application to amend the Plaint is allowed. The application for injunctive orders is partially successful and partially unsuccessful.
Facts
Temporary injunctive orders were obtained against the 1st Defendant on November 19, 2011. The 1st Plaintiff and 2nd Plaintiff seek to amend the Plaint and seek injunctive orders against the 2nd, 3rd, 4th, and 5th Defendants.
Issues
- Application to amend the Plaint
- Application for injunctive orders
Reasoning
The court notes that the Plaint must be filed before summons can issue and service can be effected. The Applicants are advised to first file and serve the Amended Plaint before seeking injunctive orders.
Outcome
Partially successful
Orders
- The Applicants shall file and serve the Amended Plaint upon all the Defendants herein within fifteen (15) days from the date hereof.
- The 2nd, 3rd, 4th and 5th Defendants shall file their defences within fifteen days after service is effected.
Authorities cited
Legislation (1)
- Civil Procedure Act
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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