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Sanjay Rameshabhai Patel v Dinkar Rambhai Patel & another [2021] KEHC 5043 (KLR)

[2021] KEHC 5043 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
5043
Citation
[2021] KEHC 5043 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeRectification of Company Register of MembersPostureApplication for leave to amend Originating Notice of MotionCoramW. A. OKWANY
Holding

The court allows the amendment and orders the respondent to file a reply within 14 days.

Facts

The applicant seeks to amend the Originating Notice of Motion to reflect the correct number of shares held by him, which was mistakenly indicated as 154,454 instead of 265,546.

Issues

  1. Correcting the number of shares held by the applicant
  2. Prejudice to the respondent

Reasoning

The court finds the mistake to be a typographical error and does not alter the substance of the application. The amendment will not prejudice the respondent.

Outcome

The application is allowed, and the draft Originating Notice of Motion is deemed as duly filed and served upon the respondent.

Orders

  • Allow the amendment
  • Order respondent to file reply within 14 days
  • Order applicant to file supplementary affidavit within 7 days
  • Order cost of motion to abide the outcome of the main suit

Authorities cited

Legislation (1)
  • Companies Act 2015
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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