In the application dated 31.10.2022, the Plaintiff seeks a raft of orders including a plea for amendment of the plaint and an order that rent for the suit premises be deposited in an account. Counsel for the Plaintiff rightly concedes that the other prayers are predicated on a plaint that has not been amended hence they cannot be granted in the absence of a supporting pleading.
As the Defendant is not opposed to the plea for amendment of the Plaint, I allow the application dated 31.10.2022 in terms of prayer (b) only. The Plaintiff shall file and serve the Amended Plaint within 7 days. Leave is granted to Defendant to file its defence within 14 days of service of the Amended Plaint. The Defendant is awarded costs of the amendment. For avoidance of doubt the other prayers are dismissed.
The matter shall be mentioned on 18.04.2023 before the DR for pre-trial directions.
DATED and DELIVERED at NAIROBI this 9th day of MARCH 2023
D. S. MAJANJA
JUDGE