Case law
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Division and case type: CivilCivil Suit
…He argued his case on the bases of order VIA rule 3 of the Civil Procedure Rules and maintained that such an amendment required the approval of the court.…
…It provides: “(1) A party may, without the leave of the court, amend any pleading of his once at any time before the pleadings are closed” and that the amendment dated from the date of the plaint.…
Division and case type: CivilCivil Case
…No suit should be summarily dismissed unless it appears so hopeless that it plainly and obviously discloses no reasonable cause of action and is so weak as to be beyond redemption and incurable by an amendment.…
…If a suit shows a mere semblance of a cause of action, provided it can be injected with real life by amendment, it ought to be allowed to go forward for a court of justice ought not to act in darkness without the full facts…
Division and case type: CivilCivil Case
…To this submission the State Counsel pointed to the Criminal Law (Amendment) Act No 5 of 2003 section 193A dealing with “concurrent criminal and civil proceedings” which states: “Notwithstanding the provisions of any other…
…Regarding Criminal Law Amendment section 193A there is here no case for stay or delaying criminal proceedings. It is clear that the lower court criminal case was closed. No plea was taken.…
Division and case type: CivilCivil Case
…An amendment permitted by the court was to the effect that the alternative prayer was brought under Order 44, rule 1 of the Civil Procedure Rules (the Rules).…
Division and case type: CivilCivil Case
…As the amendment to the defence raising the Barraclough v Brown issue was raised by the Court at a very later stage, I award the defendants 1/3 of his costs.…
Division and case type: CivilCivil Case
…The court after hearing the argument allowed the amendments. The plaintiff ‘s evidence is that she constructed her kiosk in 1981 while she was working with the City Council. She then retired to run it.…
…There being no room for this in the pleading and in the absence of the amendment, this court cannot find any ground for awarding aggravated damages in addition to damages for loss of business in addition to exemplary damages…
Division and case type: CivilMiscellaneous Application
…Section 47 excepted here provides for procedure in Amendment of the Constitution. It, therefore, becomes a matter of construction how to adjudicate Fundamental Rights. The Indian Emeritus Professor Dr. Mr.…
Division and case type: CivilMiscellaneous Application
…This amendment has been criticised by the High Court in High Court Civil Application No 790 of 1993 in which Bosire, Mbogholi and Oguk JJ have held that the present amended rule 1 which says that an application for an order…
Division and case type: CivilCivil Case
…The Defendants on their part opine that since no documentation was produced to show the precise earnings of the Deceased, the Court ought to employ the Minimum Wage (General/Amendment) Order 2017, which set the minimum wage…