I have considered the Plaintiff’s application dated 01.03.2023 for amendment of the Plaint. It is opposed. The general principle is that the court ought to allow amendments unless there is substantial prejudice which may not be compensated by an award of costs. The documents forming the basis of the amendment were always available to the parties and the proposed clarifies the issues in dispute. The issue raised by the Defendant are issues that may form part of its defence. I allow the application and order as follows:
1. The Amended Plaint shall be filed and served within 7 days from the date hereof.
2. The Defendant shall file and serve its defence within 14 days from the date of service..
3. Costs of the application shall be paid by the Defendant and are assessed to Kshs. 15,000.00 to be paid within 7 days.
4. Mention on 17.04.2023 before the DR for pre-trial directions.
DATED and DELIVERED at NAIROBI this 9th day of MARCH 2023
D. S. MAJANJA
JUDGE