P N v J N [2017] KEHC 3270 (KLR)
- Court
- High Court of Kenya
- Case number
- 3270
- Citation
- [2017] KEHC 3270 (KLR)
- Decided
- 3 October 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeDivorce and Matrimonial PropertyPostureApplication for leave to amend Originating SummonsCoramL. A. ACHODE
Holding
The court granted the leave to amend the Originating Summons and the supporting affidavit, and ordered the Petitioner to file a supplementary affidavit within 14 days.
Facts
The Applicant sought to amend her application dated 8th May 2013 filed under the Married Women's Property Act (1882) to bring it under the Matrimonial Property Act, 2013. The Respondent opposed the amendment, arguing that the leave to amend was already granted on 16th June 2016.
Issues
- Whether the Applicant's amendment to the Originating Summons should be allowed
- Whether the supporting affidavit to the amended OS should be struck out
Reasoning
The court found that it would be in the interest of justice to grant the amendment, and that the interim orders were granted due to the Respondent's threat to seal the matrimonial home.
Outcome
The court granted the leave to amend the Originating Summons and the supporting affidavit.
Orders
- The amended Originating Summons is hereby deemed as having been properly filed.
- The amended supporting affidavit thereto is hereby struck out.
- The Petitioner to file and serve a supplementary affidavit within 14 days hereof.
- The Respondent shall have 14 days upon being served with the supplementary affidavit to file a further affidavit if need be.
Remedies
- Costs to be in the cause
Authorities cited
Legislation (2)
- Matrimonial Property Act, 2013
- Civil Procedure Act
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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