Beatrice Gikunda v CFC Life Assurance Limited [2020] KEHC 5725 (KLR)
- Court
- High Court of Kenya
- Case number
- 5725
- Citation
- [2020] KEHC 5725 (KLR)
- Decided
- 27 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for leave to amend plaintCoramF. MUCHEMI
Holding
The application for leave to amend the plaint is allowed on the condition that the amended plaint is filed within 14 days and the defendant is granted leave to file an amended defence within the same period.
Facts
The applicant seeks to amend her plaint to indicate the insurance policy number as 9000447 instead of 9000541, which she had inadvertently indicated. The defendant opposes the amendment, citing prejudice and late filing.
Issues
- Whether to allow the amendment of the insurance policy number in the plaint
- Prejudice to the defendant if the amendment is allowed
Reasoning
The court finds that the amendment is not prejudicial to the defendant and that the applicant has demonstrated a case for an amendment of pleadings.
Outcome
The application for leave to amend the plaint is allowed.
Orders
- Amended plaint to be filed within 14 days
- Defendant to file amended defence within 14 days if necessary
- Applicant to meet costs of the application
Remedies
- Amendment of the insurance policy number in the plaint
Authorities cited
Cases cited (1)
- Gaso Transport (Bus) Services Ltd. v Obene (1990-1994) E.A 88
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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