DKG v EG (Civil Case E018 of 2021) [2023] KEHC 415 (KLR) (26 January 2023) (Ruling)
- Court
- High Court of Kenya
- Case number
- 415
- Citation
- [2023] KEHC 415 (KLR)
- Decided
- 26 January 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMatrimonial Property SuitPostureApplication for leave to amend originating summonsCoramEM MURIITHI
Holding
The court grants the plaintiff's application for leave to amend her originating summons.
Facts
The plaintiff seeks to add newly discovered matrimonial properties to her originating summons, while the defendant opposes the amendment, arguing that the properties are not part of the matrimonial property.
Issues
- Whether the plaintiff's application for leave to amend her originating summons should be granted
- Whether the defendant's opposition to the amendment is valid
Reasoning
The court held that amendments to pleadings should be freely allowed if they can be made without injustice to the other side, and there is no injustice if the other side can be compensated. The court also noted that the defendant did not demonstrate any prejudice caused by the proposed amendment.
Outcome
The court grants the plaintiff's application for leave to amend her originating summons.
Orders
- The plaintiff shall file the Amended plaint with 7 days
- The Defendant shall have 15 days to file the Amended Defence
Authorities cited
Legislation (3)
- Matrimonial Property Act, 2013
- Matrimonial Causes Act, 2014
- Articles 45, 28, 27, 40, 19 & 20 of the Constitution
Cases cited (1)
- Eastern Bakery v Castelino [1958] EA 461
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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