Abdulgader Shariff Saleh & another t/a Jingo Tours & Safaris Ltd v Southern Credit Banking Corporation Limited & 3 others [2017] KEHC 7027 (KLR)
- Court
- High Court of Kenya
- Case number
- 7027
- Citation
- [2017] KEHC 7027 (KLR)
- Decided
- 3 March 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for leave to amend the plaintCoramHON. P.J.O. OTIENO
Holding
The application for leave to amend the plaint is allowed on terms
Facts
The plaintiffs seek leave to amend the plaint due to the omission of pertinent facts and the availability of new facts that should have been included.
Issues
- Whether to grant leave to amend the plaint
- Prejudice to the defendants if leave is granted
Reasoning
The court allows the amendment as it is geared towards placing a full and clear case before the court, enabling fair and just determination of the dispute.
Outcome
The application for leave to amend the plaint is allowed
Orders
- Amended plaint to be filed and served within 10 days
- Defendant to respond within 14 days
- Costs of the application to be in the cause
- Case conference on 4/05/2017
Authorities cited
Cases cited (2)
- Stephen Boro Githua vs Formely Finance Building Society & 3 Others [2015] eKLR
- Bullen and Leak and Jacob precedents of pleadings 12th Edition
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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