1. By the Notice of motion application dated 1st October 2025, the 1st defendant/applicant through Aming’a, Opiyo Masese and Company Advocates, is seeking the following orders;
a) That the Honourable Court be pleased to grant leave to the 1st Defendant to amend her statement of defence in terms of the draft amended defence and counterclaim attached hereto.
b) That the draft mended defence and counterclaim be deemed to be duly filed upon payment of the requisite fees.
c) That the costs of this application be in the cause.
2. MS Otieno learned counsel for the applicant urged the court to allow the application on the basis that the application was duly served on the respondents as revealed in the affidavit of service sworn on 14th November 2025.
3. Mr A. Kogo learned counsel for the respondent/plaintiff did confirm service of the application and has no opposition to it.
4. I take into account the purpose of amendment of pleadings namely to facilitate the determination of real issues in controversy; see Halsbury’s Laws of England 4th (re-issue) Volume 36 (1) at paragraph 76 and Lastern Bakery-vs-Castelin (1958) 1 EA 461.
5. In the circumstances, the application is unctoverted and merited.
6. Accordingly, the application dated 1st October 2025, is hereby allowed in terms of prayers 1, 2 and 3 as stated in paragraph 1 (a) (b) and ( c) hereinabove.
7. It is so ordered.
DATE and DELIVERED at KAPSABET this 9th day of December 2025.
G M A ONGONDO
JUDGE
In the presence of;
Ms Otieno learned counsel for the applicant/1st defendant
Mr A. Kogo learned counsel for the plaintiff/respondent
Walter, court assistant