RULING
1. The application dated 16th January, 2025 brought under Section 1A, 1B and 3A of the Civil Procedure Act and Order 8 Rule 3 of the Civil Procedure Rules, 2010 seeks the following orders;
1. The plaintiff be allowed to amend his plaint filed herein on 24th November, 2023 and dated 23rd November 2023 as per the draft amended plaint annexed hereto.
2. The draft amended plaint be deemed to be properly filed subject to payment of the requisite fee.
3. Costs of this application be provided for.
2. The application is premised on the grounds that the proposed amendment is intended to include a new prayer which will not introduce a new or inconsistent cause of action to change the character of the suit and will not prejudice the respondent in any way.
3. The application is supported by the affidavit of Clifford Kipkorir Kigen sworn on 16th January 2025 through which the grounds are reiterated.
4. The application is not opposed.
5. I have perused the proposed amended plaint and noted that the proposed amendments in paragraphs 9(c), 9(d) and 12 are merely corrections of typographical errors. The proposed additional prayer is seeking damages for breach of contract.
6. Order 8 Rule 3 of the Civil Procedure Rules allows amendment of pleadings with leave of court. In the case before the court, the proposed amendments in the plaint will not introduce a new cause of action that will change the character of the suit. Further, no prejudice will be occasioned to the defendant/respondent if the prayers sought are granted. Consequently, I allow prayer 1 and 2 in the notice of motion dated 16th January, 2024.
7. Alongside the application to amend the plaint, the plaintiff filed an amended list of documents dated 16th January 2025 that introduced;
1) A copy of green card dated 15th February 2025.
2) Minutes of Koibatek District Land Control board meeting held at the DC’s Office on 6th November 2012.
8. He also filed an amended witness statement of Clifford Kipkorir Kogei and witness statements of Samson Kipkogei Arap Tim and Chepyator Cherono. The amended list of documents and statements were filed without leave of court and they are hereby expunged from the court record.
9. Having allowed the amended plaint, the defendant is directed to file an amended defence and counter claim within 14 days. Upon service, the plaintiff to file a reply to defence and counter claim in 7 days.
10. Orders accordingly.
Dated, signed and delivered at Iten this 12th day of February, 2025.
Ruling delivered virtually in the presence of:-
Mr. Kipsamo for the plaintiff.
Mr. Sirma holding brief for Mr. Kipkemei for the defendant.
Court Assistant: Christine.