Daniel Manjara v Kenya Commercial Bank Ltd & 2 others [2021] KEHC 513 (KLR)
- Court
- High Court of Kenya
- Case number
- 513
- Citation
- [2021] KEHC 513 (KLR)
- Decided
- 12 October 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for leave to amend pleadingsCoramNot explicitly named in the text, but implied to be the presiding judge(s)
Holding
The court grants the plaintiff's application for leave to amend his plaint.
Facts
The plaintiff seeks to amend his plaint to change the date of 45-day notice, arrears amount, and add certain words to the plaint.
Issues
- Whether the plaintiff's application for leave to amend his plaint has merit.
- Whether the proposed amendments cause injustice to the defendants.
Reasoning
The court finds that amendments to pleadings can be freely allowed at any time before the delivery of a judgment, provided the amendment does not cause injustice to the other side.
Outcome
Granted
Authorities cited
Legislation (2)
- Civil Procedure Act
- Order 8 of the Civil Procedure Rules
Cases cited (4)
- Beatrice Gikunda vs CFC Life Assurance Limited
- Abdul Karim Khan vs Mohamed Roshan
- Ochieng and Others vs First National Bank of Chicago
- St. Patrick’s Hill School Limited v Bank of Africa Kenya Limited
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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