B & K Design Limited v Emmaculate Mwaura Njeri [2015] KEHC 1911 (KLR)
- Court
- High Court of Kenya
- Case number
- 1911
- Citation
- [2015] KEHC 1911 (KLR)
- Decided
- 27 July 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAmendment of PleadingPostureApplication for amendment of plaintCoramGicheru, Onguto
Holding
The application for amendment is allowed, and Chase Bank Kenya Ltd is joined as a party in the suit.
Facts
The Plaintiff discovered a new account in its name at Chase Bank Kenya Ltd, which was allegedly opened fraudulently for the purposes of defrauding the Plaintiff.
Issues
- Whether the Plaintiff can amend its plaint to join Chase Bank Kenya Ltd as a party
- Whether the amendment is necessary to determine the real question in controversy
Reasoning
The court allowed the amendment as it was necessary to determine the real question in controversy and avoid a multiplicity of suits. The amendment does not introduce new or inconsistent causes of action, and the Plaintiff is not prejudiced.
Outcome
The application for amendment is allowed, and Chase Bank Kenya Ltd is joined as a party in the suit.
Orders
- Allow the application for amendment
- Join Chase Bank Kenya Ltd as a party in the suit
Remedies
- Award of costs to the Defendant
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (3)
- Cobbold v Greenwich
- Waljee’s (Uganda) Ltd v RanjiPunjabhaiBugerere Tea Estates Ltd
- Eastern Bakery v Castelino
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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