Bhaven Harjivan Kurji v Trivedi Sushil Liladhar [2017] KEHC 1630 (KLR)
- Court
- High Court of Kenya
- Case number
- 1630
- Citation
- [2017] KEHC 1630 (KLR)
- Decided
- 20 December 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for leave to amend the amended plaintCoramL. NJUGUNA
Holding
The application is allowed with costs to the defendant, assessed at Ksh. 15,000 to be paid before the next hearing date.
Facts
The plaintiff suffered serious injuries in an accident on December 31, 2006 and sought specialized treatment in India due to cheaper rates compared to local treatment. He attended further treatment for over 4 months between November 2014 and February 2015, and again between November 2016 and January 2017.
Issues
- Procedural defect in bringing the application under the wrong legal provisions
- Prejudice to the defendant if the application is allowed
Reasoning
The court found the application to be procedurally defective but allowed it due to the defendant's lack of prejudice and the opportunity to amend the defense.
Outcome
Allowed
Orders
- Application for leave to amend the amended plaint is allowed with costs to the defendant assessed at Ksh. 15,000 to be paid before the next hearing date.
Remedies
- Costs to the defendant assessed at Ksh. 15,000 to be paid before the next hearing date.
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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