Samuel O Tima & another v Housing Finance Company of Kenya & another [2014] KEHC 2140 (KLR)
- Court
- High Court of Kenya
- Case number
- 2140
- Citation
- [2014] KEHC 2140 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a previous ruling granting leave to amend pleadingsCoramLesiit
Holding
The 1st Defendant's application for extension of time to amend pleadings is allowed, and the Plaintiffs are required to file and serve their reply to the amended defense within fourteen days.
Facts
The 1st Defendant sought to extend the time for filing amended pleadings due to delays caused by previous advocates, while the Plaintiffs opposed the extension.
Issues
- Whether the 1st Defendant's application for extension of time to amend pleadings should be granted
- Whether the Plaintiffs should be required to file and serve their reply to the amended defense within fourteen days
Reasoning
The court ruled in favor of the 1st Defendant, granting the extension of time due to the delay caused by previous advocates, and the Plaintiffs were not granted the same extension.
Outcome
The 1st Defendant's application for extension of time to amend pleadings is allowed.
Orders
- The 1st Defendant shall file and serve its Amended Defence within fourteen (14) days from the date of the ruling.
- The Plaintiffs shall file and serve its Reply to Amended Defence within fourteen (14) days from the date of service.
- The 1st Defendant is hereby directed to pay to the Plaintiffs thrown away costs in the sum of Kshs. 50,000/= within fourteen (14) days from the date of this ruling, failing which the Plaintiffs will be at liberty to seek such further appropriate orders as it would deem fit.
Remedies
- Costs shall in 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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