Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Appeal
…When the trial commenced the respondent’s advocate sought formal leave to amend the defence to incorporate a plea of contributory negligence on the part of the deceased.…
…Mureithi and the learned judge ruled that as the issue was not raised in the defence and even on two other previous occasions when the case came up for hearing, it would be prejudicial to the appellants’ case if he granted leave…
Division and case type: CivilMiscellaneous Application
…The applicant also applied for leave to amend its statement which inter alia set out the relief sought and the grounds upon which the said relief was sought.…
…Leave to amend the said statement was granted and the applicant put in the amended statement which is contained in Document No. 1.…
Division and case type: CivilCivil Appeal
…Notice of Motion dated 12th November, 1997 of the Appellant and the Civil Appeal No. 160 of 1997 be paid by the Appellant to the Respondent. (3)That the Notice of Motion filed by the Appellant on 12 th November, 1997 seeking leave…
…to amend its Notice of Appeal be also struck out and/or dismissed with costs and for the further order that the purported Consent Order made and/or recorded by the Honourable Mr.…
Division and case type: CivilCivil Appeal
…As was stated by Briggs, JA in Hashan Merali and another v Javer Kassam and Sons Ltd [1957] EA 503 at 504:- “There is no doubt that in contested cases it is ordinarily undesirable to give unrestricted leave to amend......…
Division and case type: CivilCivil Appeal
…somewhat doubted, we should make it clear, that a formal application for amendment under rule 44 should be heard first by a single judge, as provided by rule 52 of the rules, without prejudice to the full bench’s right to…
…give leave to amend on an informal application during the hearing of an appeal under rule 44(2) of the rules.…