Rose Waruinu Muthemba v Jane Njeri Muthemba & another [2015] KEHC 7377 (KLR)
- Court
- High Court of Kenya
- Case number
- 7377
- Citation
- [2015] KEHC 7377 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeAmendment to PleadingsPostureApplication for leave to amend pleadingsCoramE. K. O. OGOLA
Holding
The Plaintiff's application for leave to amend the pleadings is allowed.
Facts
The Plaintiff seeks to add three additional defendants to the suit due to recent investigations revealing new salient facts.
Issues
- Whether the amendment is necessary and will avoid multiplicity of suits.
- Whether the new causes of action are barred by limitation.
Reasoning
The court considers the amendment to be necessary and does not result in prejudice to the defendants.
Outcome
The Plaintiff is granted leave to amend the pleadings.
Orders
- Leave to amend the Plaint herein is granted.
- The proposed Amended Plaint are deemed as duly filed and served.
- The Defendant is at liberty to file an Amended Defence within 21 days of service of the Amended Plaint.
- The Plaintiff bears the costs of the Application.
Remedies
- Leave to amend the Plaint herein.
- Service of the Amended Plaint deemed as duly filed.
- Defendant's right to file an Amended Defence.
Authorities cited
Cases cited (1)
- EASTERN BAKERY VERSUS CASTELINO (1958) EA
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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