Prathap Industries v Unitech Industrial Agencies Limited [2014] KEHC 8757 (KLR)
- Court
- High Court of Kenya
- Case number
- 8757
- Citation
- [2014] KEHC 8757 (KLR)
- Decided
- 6 November 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for leave to amend the plaintCoramEmukule
Holding
The court grants leave to the plaintiff to amend the plaint in the manner appearing in the Draft Further Amended Plaint.
Facts
The plaintiff, Prathap Industries, seeks to amend its plaint to substitute the names of eleven partners in the firm named Prathap Industries as plaintiffs, replacing the partnership in its own name.
Issues
- Whether the plaintiff is entitled to seek leave to amend its pleadings more than once
- Whether the proposed amendment would prejudice the defendant
Reasoning
The court allows the amendment as it does not prejudice the defendant, who has the opportunity to amend its defence.
Outcome
Leave granted to amend the plaint
Orders
- The Further Amended Plaint should be filed within the next 10 days from today
- The costs of the application are to be borne by the plaintiff
Authorities cited
Cases cited (2)
- DIAMOND TRUST BANK VS TCHUI DATA LIMTIED & 3 OTHERS
- NATIONAL CEREALS & PRODUCE BOARD VS. DUBAI BANK KENYA LIMITED
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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