Geminia Insurance Company Limited v Klapton Insurance Company Limited (Commercial Case E181 of 2020) [2024] KEHC 15604 (KLR) (Commercial and Tax) (5 December 2024) (Ruling)

Summary at a glance

Facts

The case involves a reinsurance agreement between Geminia Insurance Company Limited and Klapton Insurance Company Limited. The Plaintiff sought leave to amend its pleadings to reflect the current amount recovered from United Pharma (K) Limited.

Issues

• Whether the Plaintiff has made a case for leave to amend the pleadings
• Whether the proposed amendments will cause prejudice to the Defendant

Reasoning

The Court found that the amendments do not introduce a new or inconsistent cause of action and that the Defendant will not suffer prejudice.

Outcome

The Plaintiff's application for leave to amend the pleadings is allowed.

Orders

• Leave granted to amend the plaint
• Draft Amended Plaint deemed properly filed and served
• Leave granted to file a further witness statement and consolidated bundle of documents
• Defendant to file a defence within 7 days
• Costs of the application to be in the main cause

Authorities cited