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Jeremiah Matoke v Kenya Commercial Bank Limited & another [2014] KEHC 789 (KLR)

[2014] KEHC 789 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
789
Citation
[2014] KEHC 789 (KLR)
Decided
19 December 2014
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAmendment of PleadingsPostureApplication for leave to amend pleadingsCoramE. K. O. OGOLA
Holding

The application for leave to amend the Plaint is granted.

Facts

The Plaintiff filed a Notice of Motion seeking leave to amend the Plaint, supported by an affidavit. The 1st and 2nd Defendants opposed the application.

Issues

  1. Whether the Plaintiff's application for leave to amend the Plaint is necessary and should be granted.
  2. Whether the application is frivolous and an abuse of the court's process.

Reasoning

The court allowed the amendment as it was necessary to determine the real question in controversy.

Outcome

Granted

Orders

  • Leave granted to the Plaintiff to amend the Plaint in terms of the amended Plaint filed herein.
  • The Amended Plaint duly filed be deemed to have been filed with leave of the court.
  • Costs of the application be in the cause.

Authorities cited

Cases cited (2)
  • Central Kenya Limited – Vs – Trust Bank Limited & others [2000] eKLR
  • Trinity Pharam Limited & 2 Others – Vs – Giro Commercial Limited [2006] eKLR
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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