The Plaintiff has moved the court by the application dated 14.10.2022 seeking to amend the Plaint by adding another party, Whitestone Auctioneers Limited, as the 3rd Defendant. The application is opposed by the 2nd Defendant. I have heard the parties and I hold that the court has wide latitude to permit amendment of the plaint or joinder of a defendant if the amendment and joinder are necessary for effective determination of the matter. I hold that given the averments of the 2nd Defendant in his witness statement, the proposed joinder and amendment will assist the court in fair resolution of the matter. Any prejudice will be assuaged by an award of costs.
I therefore allow the application dated 14.10.2022 order as follows:
1. Whitestone Auctioneers Limited is joined to this suit as the 3rd Defendant.
2. Leave is granted to the Plaintiff to amend the Plaint in terms of the draft amended plaint annexed to the application.
3. The Plaintiff shall file and serve the Amended Plaint within 14 days from the date hereof.
4. The Defendants be at liberty to file their respective defences within 14 days of service.
5. The Plaintiff pay the 2nd Defendant’s costs assessed at kshs. 10,000.00 within 14 days.
6. Mention on 02.03.2023 before the DR for pre-trial conference.
DATED and DELIVERED at NAIROBI this 9th day of DECEMBER 2022
D. S. MAJANJA
JUDGE