Paul Njeru Mwathe v Vidya Thira Mwathe [2014] KEHC 3626 (KLR)
- Court
- High Court of Kenya
- Case number
- 3626
- Citation
- [2014] KEHC 3626 (KLR)
- Decided
- 18 July 2014
The application to amend the Originating Summons is allowed.
Facts
The plaintiff/applicant filed a home-made pleading seeking a declaration that the defendant/respondent holds L.R No. KYENI/MUFU/1189 in trust for him. Two years later, the plaintiff/applicant sought legal advice and filed an amended Originating Summons adding three other parties and seeking orders in adverse possession.
Issues
- Whether the application to amend the Originating Summons is merited.
- Whether the proposed amendment is necessary to bring out the real issues of the dispute.
Reasoning
The court allows the amendment as it is necessary to bring out the real issues of the dispute and the parties involved. The discretion to allow an amendment is wide and the court will consider whether the applicant is acting in good faith and if the amendment is necessary.
Outcome
The court grants the orders prayed in the plaintiff/applicant's Notice of Motion seeking to amend the Originating Summons.
Orders
- The Amended Originating Summons be served upon the defendants within 14 days of this ruling being delivered.
- The defendants be at liberty to file their replies within 15 days of service upon them of the Amended Originating Summons.
Remedies
- The respondent shall have the costs of this application.
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Order 8 Rule 3
- Order 8 Rule 4
Loading judgment…