AVANTI COMPANY LIMITED v BARCLAYS BANK OF KENYA LIMITED [2012] KEHC 598 (KLR)
- Court
- High Court of Kenya
- Case number
- 598
- Citation
- [2012] KEHC 598 (KLR)
- Decided
- 21 November 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for leave to amend plaintCoramL. NJAGI, MUTAVA
Holding
The Court grants leave to amend the plaint as the amendments arise out of substantially the same facts with the claim as originally pleaded, and it is just to grant the leave sought for amendment.
Facts
The Plaintiff sought leave to amend its plaint dated 23rd February, 2004, to clearly reflect the issues in controversy.
Issues
- Whether the amendment is vital and expedient in the determination of the substantive matters in the suit.
- Whether the amendment is made for the purposes of determining the real questions or issues in controversy between the parties.
- Whether the amendment shall not prejudice the rights position and interests of the other parties to this suit.
- Whether the amendment is for the interest of justice and fair trial.
- Whether the omission of the real issues in controversy in the Plaint was inadvertent and not mala fide.
Reasoning
The amendment is not prejudicial to the Respondent and does not cause injustice. Amendments outside the period of limitation may be allowed in cases where they flow from the same set of facts or substantially the same facts with the claim originally pleaded.
Outcome
The Plaintiff is granted leave to amend the plaint as per the draft amended plaint annexed to the application as prayed.
Orders
- The Plaintiff is hereby granted leave to amend the plaint herein as per the draft amended plaint annexed to the application as prayed.
- The said draft plaint shall be deemed as duly filed upon payment of the requisite filing fees within 14 days from today, and the same to be served upon the Defendants within 7 days of filing.
- The Defendants shall be at liberty to file and serve an amended defence thereto within 7 days of service.
- The Plaintiff be at liberty to file and serve a reply to the amended defence if it so wishes.
- The Plaintiff will bear the Defendant’s costs of this application in any event.
Remedies
- Leave to amend the plaint
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act (Cap 21 Laws of Kenya)
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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