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…[NOTICE OF MOTION DATED 26TH JANUARY 2023] The applicant moved the court through the notice of motion dated the 26th January 2023 seeking for inter alia, leave to amend the application dated the 15th September 2022 as per…

…The main issues for determination by the court are as follows:Whether the applicant has made a reasonable case for leave to amend the notice of motion dated the 15th September 2022 to be granted. Who pays the costs?…

…That it is therefore necessary that she be granted leave to amend the plaint as proposed, file the additional documents and witness statements.…

…The issues for the court’s determinations are as follows:Whether the plaintiff has made a case for leave to amend, file additional statements, list and bundle of documents.…

…The Defendants argued that the Plaintiff had previously been granted leave to file an amended plaint but later indicated that it had abandoned its quest to amend the Plaint.…

…It is not in dispute that the Plaintiff’s prayer for leave to amend its Plaint has come in late in the day.…

…He also averred that they filed an application dated 11th April, 2023 that sought leave to amend the plaint. He averred that the amended plaint was properly before the court for determination.…

…He further submits that at no point in time were the Respondents granted leave to amend their plaint.…

…Further that no prejudice whatsoever shall be occasioned to the defendant as she shall be at liberty or have corresponding leave to amend the statement of defence if she so wishes. 5.…

…The main point for determination is whether or not the applicant has made out a case for leave to amend the plaint. 34.…

…They nevertheless submitted that the Court’s jurisdiction to grant leave to amend pleadings is unfettered; and that such leave can be granted at any stage of the proceedings.…

…grant leave to amend pleadings is therefore unfettered and can be exercised at any stage of the proceedings.…

…“THAT the 1st Defendant be granted leave to amend its Defence dated 28th June 2018. 2. THAT the annexed Draft Amended Defence be deemed duly filed and served upon payment of the requisite filing fee. 3.…

…to amend pleadings where in the opinion of the court it will not occasion an injustice to the other party. 4.…

…Ngigi also informed the Court that he had, during the intervening period, filed an Application seeking leave to amend the Plaint.…

…It seeks orders as follows: i) THAT the Plaintiff be granted leave to amend its Plaint dated 2nd November 2018. ii) THAT the annexed draft amended Plaint be deemed as properly filed and served upon payment of the requisite…

…to amend his statement of defence accordingly.…

…The prayers sought by the Applicant are clear that the Applicants seeks leave to amend the plaint, in terms of the draft amended plaint annexed to the Application. The law on amendment of pleadings is well settled.…

…In her supporting affidavit the Applicant depones of the existence of new issues which were not captured in her statement of Defence hence the need to seek leave to amend. 10.…

…The Defendant/Applicant is granted leave to amend and serve his defence and counterclaim within 14 days from today. ii.…

…THAT the Applicant be granted leave to amend its plaint as set out in the draft amended plaint annexed thereto. 2.…

…It is supported by the annexed Affidavit of VERONICA KAGORE MAINA and on the following grounds that leave to amend the plaint is necessary to guide the Court on the determination of the suit herein.…

…That the Applicants herein be granted leave to amend their statement of defence dated 20th February, 2024 as per the draft amended statement of defence annexed hereto. 2.   …

…The only issue for determination is whether the Applicants have demonstrated that they deserve leave to amend their defence and file documents. 7.   …

…That the Applicants herein be granted leave to amend their statement of defence dated 20th February, 2024 as per the draft amended statement of defence annexed hereto. 2.   …

…The only issue for determination is whether the Applicants have demonstrated that they deserve leave to amend their defence and file documents. 7.   …

…As established in Inter Tropical Timber Trading Limited v Kenya Power and Lighting Company Ltd [2021] eKLR, a decision cited by the 1st to 4th respondent affirming the correct legal position — leave to amend is a discretionary…

…The court shall refrain from denying leave to amend unless it is satisfied that the applying party was acting in bad faith; through their oversight, they have caused some injury to their opponent that cannot be remedied by…

…BRIEF FACTS This is a ruling in respect the application dated 22nd April, 2025 filed by the Plaintiff/Applicant which sought the following orders: - a) Spent. b) THAT the Plaintiff be and is hereby granted leave to amend…

…He added that this has since given the Plaintiff’s case a different dimension hence the need to seek leave to amend the Plaint.…

…to amend its statement of defence and to file an amended witness statement. d) The honourable judge be pleased to stay proceedings in this matter pending the hearing and determination of Nyandarua Environment and Land Case…

…In Kassam vs Bank of Baroda (Kenya) Ltd (2002) 1 KLR 294, Kuloba J., when confronted with a similar application, stated: Normally delay in applying for leave to amend a pleading is not in itself fatal.…

…By an application dated 30th September 2024, the applicants sought among other orders leave to amend their defence; that the amended statement of defence attached be deemed as duly filed and served. 2.…

…On whether leave to amend the defence should be given, the applicants made reference to Order 8 of the Civil Procedure Rules and cited the following authorities that set out the principles governing amendment of pleadings…

…to re-amend the plaint. 8.…

…However, this Court has already, in its determination of the Notice of Motion dated 23 rd February 2026, granted the Plaintiffs leave to re-amend the plaint.…

…The application seeks leave to amend the plaint.…