ISAAC MARUIRE NYAKAGWA AND COSMA MOSES KIBOMA AND 6 Others VS NYASONGO TEA FACTORY AND SANGANYI TEA FACTORY AND 5 Others

RULING

1. The court has perused the application dated 15/04/2024 which seeks to amend the plaint and bring in new facts discovered after the suit was filed.
2. Order 8 Rule 3 allows for amend of pleading by any party before judgment is pronounced.
3. The supporting affidavit shows new subdivisions which emanates from the previous property known as LR. No. Transmara/Moyoi/8.
4. The Respondents have disputed the validity of the documents by the Plaintiff/Applicant based on the signature in the Replying Affidavit and the actual documents.
5. On the issue of differences in signature, the Respondent should have at least filed an expert report to confirm the difference.
6. On the issue of the authensity of the documents, this court cannot make any determination at this point in time.
7. The validity of documents is an issue for determination in the main suit.
8. In the circumstances, the application dated 15/04/2024, is allowed in the following manner:-
9. The Plaintiffs are granted leave of 21 days from today’s date to prepare, file and serve the amended plaint together with all other supporting documents and witness statement.
10. The Defendants shall have leave of 21 days upon service of the amended pleading to prepare, file and serve the response.
11. The Plaintiffs shall have leave of 7 days upon being served by the defendant response to file any further documents if need be.
12. The matter will be coming up for pre-trial on 25/07/2024.
13. The Plaintiffs will extract today’s directions and serve the same on the 7^th Defendant within 7 days from today’s date.

IN THE PRESENCE OF:-

COURT ASSISTANT: MR.NGENO

ADVOCATE FOR THE APPLICANT: MS.CHELANGAT 

ADVOCATE FOR THE RESPONDENT: MS.NYABOKE