D M M v R M M [2017] KEHC 3072 (KLR)
- Court
- High Court of Kenya
- Case number
- 3072
- Citation
- [2017] KEHC 3072 (KLR)
- Decided
- 10 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplicant seeks leave to amend his Petition of AppealCoramJ. KAMAU
Holding
The court allows the application to amend the Petition of Appeal
Facts
Applicant was committed to civil jail for failing to remit maintenance to the Respondent for a minor child. He filed a Petition of Appeal and sought to amend it due to a paternity dispute.
Issues
- Whether the court should grant leave to amend the Petition of Appeal
- Whether the Respondent would suffer prejudice if the application is allowed
Reasoning
The court allows the amendment as the Respondent has not demonstrated that she would suffer any prejudice that cannot be compensated by costs, and the Applicant would be prejudiced if the application is not allowed.
Outcome
The court grants leave to amend the Petition of Appeal
Orders
- The Applicant is directed to file and serve his Amended Memorandum of Appeal within 14 days from the date of this Ruling
- Costs shall be in the cause
Authorities cited
Cases cited (4)
- Order 42 Rule 3 of the Civil Procedure Rules
- Central Kenya Limited vs Trust Bank Limited & 5 Others
- Elijah Kipngeno Arap Bii vs Kenya Commercial Bank Limited
- Eastern Bakery vs Castelino
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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