Miguna Miguna v Fredrick Otieno Outa & 3 others [2015] KEHC 549 (KLR)
- Court
- High Court of Kenya
- Case number
- 549
- Citation
- [2015] KEHC 549 (KLR)
- Decided
- 24 November 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for leave to amend pleadingsCoramR.E. Aburili
Holding
The leave to amend is granted. The amended plaint and summons to enter appearance to be filed and served upon all the original defendants and the 'new' defendants within 30 days from the date hereof.
Facts
The plaintiff Miguna Miguna seeks leave to amend his pleadings to correct the name of the 2nd defendant, Radio Africa Group, and add Star Publication Ltd and The Star Newspaper as defendants.
Issues
- Correcting the name of the 2nd defendant
- Determining the correct description of the 2nd defendant and Star Publication Ltd
Reasoning
The court grants the leave to amend as it is critical for the plaintiff to get the correct description of the defendants to avoid confusion and ensure proper jurisdiction.
Outcome
Granted
Orders
- Amended plaint and summons to be filed and served within 30 days
Authorities cited
Legislation (3)
- Civil Procedure Act
- Order 1 Rule 10(2) and (4) of the Civil Procedure Rules
- Order 8 Rule 3(3); Order 8 Rule 4; Order 8 Rule 5
Cases cited (3)
- Richardson V Smith & Company [1882] 21 FLA 336,341
- Appex International Ltd & Anglo Leasing & Finance International Limited V Kenya Anti Corruption Commission [2012] e KLR
- Good will & Trust Investments Ltd & Another V Bill and Bush 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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