ASHOK RUPSHI SHAH & ANOTHER V JACOB JUMA & 2 OTHERS [2012] KEHC 3071 (KLR)
- Court
- High Court of Kenya
- Case number
- 3071
- Citation
- [2012] KEHC 3071 (KLR)
- Decided
- 19 July 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for leave to amend pleadings and withdraw pleadings and affidavitsCoramP. NYAMWEYA
Holding
The 2nd and 3rd Defendants' application is allowed and the court orders the Attorney General to file and serve the amended defence, and the Plaintiffs and 1st Defendant are granted leave to file and serve amended pleadings and replies.
Facts
The 2nd and 3rd Defendants sought leave to amend their defence and withdraw certain pleadings and affidavits filed by Onyancha Mose, an Advocate and state counsel, without instructions from the defendants or authority of the Attorney General.
Issues
- Whether the 2nd and 3rd Defendants are entitled to leave to amend their defence and withdraw certain pleadings and affidavits.
- Whether the court has the power to allow the withdrawal of pleadings, submissions and affidavits.
Reasoning
The court allows the amendment and withdrawal of pleadings to facilitate the 2nd and 3rd Defendants' case and ensure the matter proceeds expeditiously.
Outcome
Application allowed
Orders
- Leave granted to amend the defence filed on 11th September 2009.
- Leave granted to withdraw the Chamber Summons dated 23rd September 2009.
- Leave granted to withdraw the Replying Affidavit filed on 22nd September 2009.
- Leave granted to withdraw the skeleton submissions filed by Onyancha Mose on 19th October 2009.
- 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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