Priscilla Wanja Kibui v James Kiongo Kibui & another [2015] KEHC 5754 (KLR)
- Court
- High Court of Kenya
- Case number
- 5754
- Citation
- [2015] KEHC 5754 (KLR)
- Decided
- 10 March 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for leave to amend statement of defenceCoramL.N. WAITHAKA
Holding
The court grants the applicant leave to amend his defence in the manner proposed in the draft amended statement of defence.
Facts
The plaintiff filed a suit against the 1st and 2nd defendants seeking to annul or cancel a sale agreement. The plaintiff claims the 1st defendant sold the suit property without her knowledge and consent, and without following necessary formalities.
Issues
- Whether the applicant was represented by an advocate when drawing the defence he seeks to amend.
- Whether the defence he seeks to amend was a holding defence.
- Whether the amendment sought is necessary for the purpose of bringing out the real issues in controversy and for proper adjudication of the dispute.
- Whether the amendment would amount to a fresh suit against the respondent.
Reasoning
The court considers the amendment as not prejudicial to the respondent's case and grants leave to amend.
Outcome
Leave to amend granted
Orders
- The applicant is granted leave to amend his defence within 7 days from the date of this ruling.
- Costs of the application shall be in cause.
Authorities cited
Cases cited (3)
- Central Kenya Ltd -vs- Trust Bank Ltd & others (2000)2 EA 365
- Mehta -vs- Shah (1965) EA 321
- Tulip Properties Ltd v Mohammed Koriow & 6 others [2013] eKLR
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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