Timothy Morris Alala & another v African Touch Safaris Ltd & another [2019] KEHC 8205 (KLR)
- Court
- High Court of Kenya
- Case number
- 8205
- Citation
- [2019] KEHC 8205 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for amendment of defenceCoramS. M GITHINJI
Holding
The application is allowed as the amendment is necessary for determining the real question in controversy and does not change the cause of action.
Facts
The 1st plaintiff/applicant filed an application for amendment of the defence dated 17.3.2011, seeking a refund of Kshs. 10,000,000/- lost by the 1st plaintiff.
Issues
- whether the amendment of the defence is allowed
- whether the application is time barred
Reasoning
The court found that the amendment is necessary for determining the real question in controversy and that the application is not time barred. The court also considered the principles set out in Central Kenya Ltd v Trust Bank Ltd (2000) eKLR and AAT Holdings Limited v Diamond Shields International Ltd (2014) eKLR.
Outcome
The application is allowed.
Orders
- The amendment of the defence is allowed
Remedies
- Costs in the cause
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Order 8 rule 3
Cases cited (6)
- John Mulwa Kang’aatu v Pan Africa Insurance (supra)
- Central Kenya Ltd v Trust Bank Ltd (2000) eKLR
- AAT Holdings Limited v Diamond Shields International Ltd (2014) eKLR
- Bosire Ogero v Royal Media (2015) eKLR
- Institute for social Accountability & Anor v Parliament of Kenya & 3 others (2014) eKLR
- Okiya Omtatah & Anor v Bidco Africa and 4 others (2018) 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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