Ushago Diani Investment Limited v Jabeen Manan Abdulawahab [2015] KEHC 3432 (KLR)
- Court
- High Court of Kenya
- Case number
- 3432
- Citation
- [2015] KEHC 3432 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant seeks leave to amend her defence.CoramJustice Mary Kasango
Holding
The defendant's proposed amendment to her defence should be allowed.
Facts
The plaintiff filed a suit seeking a permanent injunction to restrain the defendant from selling property and for an order to transfer the property to the plaintiff. The defendant claims she contributed to the plaintiff's company in cash, not in the property.
Issues
- Whether the defendant's counterclaim is filed within the limitation period.
- Whether the defendant's proposed amendment to her defence should be allowed.
Reasoning
The court allows the amendment as it responds to the plaintiff's claim and is not prejudicial to the plaintiff. The defendant's counterclaim is not barred by statute.
Outcome
The defendant's proposed amendment to her defence is granted.
Orders
- The defendant shall file and serve the amended defence and counterclaim within 14 days.
- The plaintiff shall file a reply to the defence and counterclaim within 14 days.
- The plaintiff is awarded costs of the Notice of Motion.
Remedies
- Allowance of the defendant's amendment to her defence.
Authorities cited
Legislation (2)
- Limitation of Action Act Cap 22
- Civil Procedure Act Cap 21
Cases cited (1)
- EASTERN BAKERY VS CASTELINO (1958) E.A
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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