' Background and Introduction
1. There are two applications filed by the parties, which I have carefully considered. The first application is the one dated 13th September 2024 which seeks to have the amended plaint filed by Openworld Limited struck out for being filed outside the timelines granted by this Court. The said application is opposed. There is also the application dated 4th November 2024 which seeks leave to expand the timelines for the plaintiff to file their amended plaint. The same is equally opposed.
Analysis and Determination
2. I have considered the responses to the two applications. There is an acknowledgement that indeed the amended plaint was filed out of time. The plaintiff’s reason is the unrest that engulfed the nation in that intervening period. However, the amended plaint is now ready for filing. The defendant also acknowledges that the said amendment has substantially deducted the original plaint.
3. I see no prejudice to be occasioned to the defendant if I were to allow the plaintiff’s application as the defendant will in any case have an opportunity to respond by way of an amended defense if they so wish. This would expedite the matter and ensure that the real dispute between the parties is resolved.
Disposition
4. Accordingly, I dismiss the application dated 13th September 2024 filed by the defendants. I allow the application dated 4th November 2024 filed by the plaintiffs. The amended plaint be and is hereby deemed as properly filed upon payment of the requisite fee in any case not later than 3 days from the date of this Ruling. Time is of the essence. Each party shall bear its own costs.
It is so ordered.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 2nd DAY OF OCTOBER 2025
F. MUGAMBI
JUDGE
'
1. There are two applications filed by the parties, which I have carefully considered. The first application is the one dated 13th September 2024 which seeks to have the amended plaint filed by Openworld Limited struck out for being filed outside the timelines granted by this Court. The said application is opposed. There is also the application dated 4th November 2024 which seeks leave to expand the timelines for the plaintiff to file their amended plaint. The same is equally opposed.
Analysis and Determination
2. I have considered the responses to the two applications. There is an acknowledgement that indeed the amended plaint was filed out of time. The plaintiff’s reason is the unrest that engulfed the nation in that intervening period. However, the amended plaint is now ready for filing. The defendant also acknowledges that the said amendment has substantially deducted the original plaint.
3. I see no prejudice to be occasioned to the defendant if I were to allow the plaintiff’s application as the defendant will in any case have an opportunity to respond by way of an amended defense if they so wish. This would expedite the matter and ensure that the real dispute between the parties is resolved.
Disposition
4. Accordingly, I dismiss the application dated 13th September 2024 filed by the defendants. I allow the application dated 4th November 2024 filed by the plaintiffs. The amended plaint be and is hereby deemed as properly filed upon payment of the requisite fee in any case not later than 3 days from the date of this Ruling. Time is of the essence. Each party shall bear its own costs.
It is so ordered.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 2nd DAY OF OCTOBER 2025
F. MUGAMBI
JUDGE
'