Bridge Hotel Limited v Bishop Wilfred Lai & another [2017] KEHC 722 (KLR)
- Court
- High Court of Kenya
- Case number
- 722
- Citation
- [2017] KEHC 722 (KLR)
- Decided
- 1 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for leave to amend plaintCoramL. KOMINGOI
Holding
The application is dismissed with costs to the Defendants
Facts
The Plaintiff sought leave to amend its plaint to bring the proper parties, while the Defendants argued that there was no suit pending and the amendment was an abuse of the court process.
Issues
- Whether the application is merited
- Whether the amendment offends Order 31 Rule (2) of the Civil Procedure Rules
Reasoning
The court ruled that the Plaintiff should file a fresh suit as the amendment offends Order 31 Rule (2) of the Civil Procedure Rules and is an abuse of the court process.
Outcome
Dismissed
Orders
- Application dismissed with costs to the Defendants
Authorities cited
Legislation (2)
- Civil Procedure Rules 2010
- Civil Procedure Act 2010
Cases cited (2)
- Andrew Ingolo Abwanza v Board of Trustees of Pentecostal Assemblies of God And 3 Others (2009) eKLR
- Bishop Rev. Silas Yego v David Mulei Mbuvi And 5 Others (2005) eKLR
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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