Exon Investments Ltd v ABC Bank Limited [2020] KEHC 1902 (KLR)
- Court
- High Court of Kenya
- Case number
- 1902
- Citation
- [2020] KEHC 1902 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for Leave to Amend Plaint
Holding
Leave to amend the Plaint is granted
Facts
The Plaintiff seeks to amend its original claim against the Defendant due to the repossession of five trucks and trailers by the Defendant, which the Plaintiff claims was done without just cause. The Plaintiff seeks a permanent injunction and compensation for the sale of the vehicles.
Issues
- Whether to grant leave to amend the Plaint
- Whether the amendment would unfairly prejudice the Defendant
Reasoning
The court allows the amendment as it is necessary to determine the real issues in controversy and the Plaintiff acted in good faith.
Outcome
Leave to amend granted
Remedies
- Compensation for the sale of the subject motor vehicles
Authorities cited
Cases cited (3)
- St Patrick’s Hill School Ltd...Vs...Bank of Africa Kenya Ltd [2018]eKLR
- Central Kenya Ltd...Vs...Trust Bank Ltd [2000]EALR 365
- Eastern Bakery...Vs... Castelino [1958]EA 462 (CAU)
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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