Musyoka Kaloki Mbui v Export Processing Zone Authority (EPZ) Athi River (K) [2015] KEHC 6056 (KLR)
- Court
- High Court of Kenya
- Case number
- 6056
- Citation
- [2015] KEHC 6056 (KLR)
- Decided
- 20 February 2015
The motion and preliminary objection are rejected. The amended pleadings are endorsed with the rule upon which amendment is made and shall be served within 14 days. The Plaintiff shall reply to the same within 14 days of service. The costs shall be in the cause.
Facts
The Plaintiff/Applicant filed an application to strike out the Defendants' amended Defence and Counterclaim, alleging that the same was filed without leave and out of time. The Defendant/Respondent opposed the motion.
Issues
- Whether the amended defence and counterclaim were filed out of time?
- What is the appropriate order to make?
- Has the violation of order 8 Rule seven, warrant striking out the amended pleadings in the circumstances of the case?
- What is the order as to costs?
Reasoning
The amended defence and counterclaim were filed within 14 days after service of the reply to defence, which is within the stipulated time. The omission of endorsing the rule under which the amendment was made is a mere matter of form and is curable under the overriding objective provisions.
Outcome
The motion and preliminary objection are rejected.
Orders
- The amended pleadings be endorsed with the rule upon which amendment is made and served within 14 days.
- The Plaintiff shall reply to the same within 14 days of service.
Remedies
- Costs shall be in the cause.
Authorities cited
Legislation (5)
- Order 2 Rule 13 Civil Procedure Rules
- Order 8 Rule 7 Civil Procedure Rules
- Order 8 Rule 8 Civil Procedure Rules
- Civil Procedure Act Cap.21
- Article 159 (1) (d) Constitution of Kenya
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