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Paul T. Gichuhi t/a Sapamo Consulting Engineers v Kenya Pipeline Company Limited [2016] KEHC 3766 (KLR)

[2016] KEHC 3766 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3766
Citation
[2016] KEHC 3766 (KLR)
Decided
23 June 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for leave to amend plaintCoramG. L. NZIOKA
Holding

The Court grants leave to amend the plaint.

Facts

The Plaintiff noticed that Kshs.2,958,813.08 of retention money was not included in the claim in the original plaint.

Issues

  1. Whether the amendment is time barred
  2. Whether the amendment will occasion great injustice to the defendant
  3. Whether the amendment will assist the Court in determining the real issue in the matter

Reasoning

The Court allows the amendment as it is not time barred and will not prejudice the defendant.

Outcome

Leave to amend granted

Orders

  • Leave to amend the plaint granted

Authorities cited

Legislation (2)
  • Civil Procedure Rules 2010
  • Civil Procedure Act
Cases cited (1)
  • Kuloba vs Oduol Civil Case No. 1 of 2000
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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