In the application dated 18th May 2021, the Plaintiff seeks to amend the Plaint to join new parties. The Defendant opposes it on the ground that amendment and joinder amounts to lifting the corporate veil contrary to established principles.
I hold that the issues raised by the Defendant can be raised in the defence to the suit and determined accordingly in line with the principle that amendments ought to be freely granted and any prejudice is assuaged by an order for costs.
The application dated 18th May 2021 is allowed on terms that the Plaintiff is granted leave to file and serve the amended plaint within 21 days from the date hereof. The Defendant shall file its amended defence with 14 days of service of the amended plaint.
Costs of the amendment shall be borne by the Plaintiff.
Mention on 16th February 2022 before the DR for further directions and orders.
DATED and DELIVERED at NAIROBI this 24th day of NOVEMBER 2021
D. S. MAJANJA
JUDGE