Case law
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Division and case type: CivilCivil Appeal
…The application for amendment was opposed on grounds that there was lack of good faith that the proposed amendments were useless; that omission to quantify earlier was not curable; that limitation had set in. that is, no…
…if an amendment is to be allowed; that if the court is not satisfied as to the truth and substantiality of the proposed amendment it ought to be disallowed; that the proposed amendment must not be immaterial or useless or…
Division and case type: CivilCivil Appeal
…But the power of the court specifically provides that an amendment may be made at any stage of the proceedings.…
…the amendment was allowed.…
Division and case type: CivilCivil Appeal
…There was quick reaction by the respondent in applying for amendment of the pleadings under Rule 44 (2).…
…The amendment was allowed so as to tie up with the evidence. This ground of appeal also fails.…
Division and case type: CivilCivil Appeal
…Apart from these provisions, the Court had wide powers of amendment and should exercise those powers in order to be able to arrive at a correct decision in the case and to nally determine the controversy between the parties…
…Had issues been framed at the hearing, the necessity for amendment of the pleadings would immediately have become apparent, and much trouble and expense avoided.…
Division and case type: Constitutional and Human RightsPetition
…CONSTITIUTION OF THE REPUBLIC OF KENYA IN THE MATTER OF: THE ALLEGED CONTRAVENTION OF THE FUNDAMENTAL RIGHTS AND FREEDOMS UNDER SECTION 70,72,75 & 78 OF THE CONSTITUION OF KENYA IN THEMATTER OF: THE CONSTITUTIONAL REVIEW AMENDMENT…
…nugatory.He said that the application must be heard and a ruling given before 7.01.10 since the CoE must present their report to the 3rdRespondent by 7.01.2010 under the provisions of Section 32 of the constitution Review Amendment…
Division and case type: CivilCivil Appeal
…These being the amendments, what effect do they have? In the first place, it is obvious that the terms and setting of the exclusion clauses in both contracts must control the inquiry into these problems.…
…Although Mr Gautama refused to speculate on the effects of the amendments on the plaintiff’s case, in our opinion it is certain that no new facts can profitably arise.…
Division and case type: CivilCivil Appeal
…The application for the proposed amendment which has not been heard seeks to delete reference to section 143. But prayers 3, 4 and 5 are identical as in the original Originating Summons.…
…In any event, there was before the superior court a pending application which sought directions of the Court and if that Court thought that amendments to the appellants’ Originating Summons were necessary to ensure that the…
Division and case type: CivilCivil Appeal
…It was understood by the trial court correctly that the amendments to the Land Control Act came into force on December 24, 1980 did not apply to this case, and having looked at its provisions, there is no was of construing…
…The amendment to the Act of December 1980 does not affect this transaction. The board could not extend the time of three months in the act.…
Division and case type: CivilCivil Appeal
…Acting pursuant to The Law Society of Kenya (.General) (Amendment) Regulations, 1995, which were published in the Kenya Gazette as Legal Notice No. 279 of 1995, the LSK advised the Bank in writing to stop all transactions…
…which was issued to Laura Ombogo and Miriam Ombogo, on 1st November, 1996, more than one year after the death of the deceased, it is shown at the bottom as having been amended on 1st November 1999, but the nature of the amendments…
Division and case type: CivilCivil Appeal
…According to rule 5(b) of the Civil Procedure (Amendment) Rules, 1984 (Legal Notice No.16 of 1984 made on 10th February 1984).…
…Thirdly, after February 10, 1984, according to rule 5 of the Civil Procedure (Amendment) Rules 1984, this suit could only be set down for hearing after the summons for directions had been dispensed with or in accordance with…
Division and case type: CivilCivil Appeal
…Acting pursuant to The Law Society of Kenya (.General) (Amendment) Regulations, 1995, which were published in the Kenya Gazette as Legal Notice No. 279 of 1995, the LSK advised the Bank in writing to stop all transactions…
…which was issued to Laura Ombogo and Miriam Ombogo, on 1st November, 1996, more than one year after the death of the deceased, it is shown at the bottom as having been amended on 1st November 1999, but the nature of the amendments…
Division and case type: CivilCivil Appeal
…Acting pursuant to The Law Society of Kenya (.General) (Amendment) Regulations, 1995, which were published in the Kenya Gazette as Legal Notice No. 279 of 1995, the LSK advised the Bank in writing to stop all transactions…
…which was issued to Laura Ombogo and Miriam Ombogo, on 1st November, 1996, more than one year after the death of the deceased, it is shown at the bottom as having been amended on 1st November 1999, but the nature of the amendments…
Division and case type: CivilCivil Appeal
…Section 6(2) of the Act which was introduced by The Statute Law (Repeal and Miscellaneous Amendments) Act, 1980, and which is as follows: "(2) For the avoidance of doubt it is declared that the declaration of a trust of agricultural…
…It is noteworthy that in the Memorandum and Objects of the Statute Law (Repeal and Miscellaneous Amendments) Bill, it is stated with respect to the amendment of the then existing section 6(2) of the Land Control Act that:…
Division and case type: CivilCivil Appeal
…That case was based on the construction of section 2 of the Chancery Procedure Amendment Act (Lord Cairn’s Act).…
Division and case type: CivilCivil Appeal
…The amendment also affected prayer (c) in respect of interest under which the appellant now claimed interest on the decretal amount (principal and costs) from February 4, 1983 being the date of repudiation of liability up…
Division and case type: CivilCivil Appeal
…For the respondent, on the other hand, it was argued that the plaintiff persisted to the end that the plaint was right and that there was no need for an amendment.…
Division and case type: CivilCivil Appeal
…Leave was granted on that basis, and the notice of motion filed subsequently on 27th July, 2004 could only have been argued on the basis of the prayers for which leave was granted, unless amendment was sought under Order…
…No amendment was sought or granted under that rule or at all. So that, what the appellant sought to do was merely to enforce the orders issued in Misc. 646/04 by filing a fresh application.…
Division and case type: Constitutional and Human RightsPetition
…and has proved that she was a wife of Meshack and therefore entitled to Letters of Administration and inheritance of Meshack’s estate together with her six sons in accordance with Statute Law (Repeal and Miscellaneous) Amendment…
…To my mind the amendment of law in 1981 envisaged situation where a man set off and decided to bring up another family but voluntarily. A decision taken by the two people to the exclusion of any other relationship.…
Division and case type: Constitutional and Human RightsPetition
…He therefore asserted that on 30th June, 2020 when the said witness testified and disclosed the place where the offence took place, the Director of Public Prosecutions (DPP) had a duty to make an amendment to the charge.…
…Masila submitted that under Section 214 of the (CPC), amendment of a charge can be made at any time before the closure of the prosecution case.…
Division and case type: CivilCivil Appeal
…ex parte judgment in favour of the respondent and I would order that the case be remitted to the Senior Resident Magistrate at Murang’a to be dealt with in accordance of the provisions of the Magistrate’s Jurisdiction (Amendment…
…decision of the High Court should be reversed, the judgment of the Murang’a resident magistrate must be set aside and the suit sent back to him to deal with in accordance with section 9 of the Magistrates’ Jurisdiction (Amendment…