Natonal Bank of Kenya Limited v Kenneth Patrick Malcolm Dawson & another [2014] KEHC 8720 (KLR)
- Court
- High Court of Kenya
- Case number
- 8720
- Citation
- [2014] KEHC 8720 (KLR)
- Decided
- 15 October 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from an original trial judgmentCoramJ. KAMAU
Holding
The 2nd Defendant's application to amend pleadings is allowed, and the 2nd Defendant is directed to file and serve its Amended Defence within 14 days.
Facts
The 2nd Defendant sought leave to amend his Statement of Defence, alleging that the amendment was necessary to address the real issues in controversy between the parties.
Issues
- Locus standi of the 2nd Defendant's advocate to depose on the issues
- Validity of the guarantees and accounts forming the Plaintiff's claim
- Material variation of the terms of lending
Reasoning
The court found that the amendment was necessary to address the real issues in controversy and that the 2nd Defendant's advocate had the locus standi to depose on the issues.
Outcome
Appeal allowed
Orders
- 2nd Defendant's Notice of Motion application is allowed in terms of prayer Nos (1) and (2)
- 2nd Defendant shall file and serve its Amended Defence within 14 days
- Plaintiff shall file and serve its Reply to Amended Defence within 14 days
- 2nd Defendant is directed to pay thrown away costs in the sum of Kshs. 50,000 within 14 days
- Costs shall in be in the cause
Remedies
- Amendment of pleadings
- Payment of thrown away costs
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (2)
- Eastern Bakery v Castelino
- Central Kenya Ltd v Trust Bank Ltd
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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