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…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…

…But the power of the court specifically provides that an amendment may be made at any stage of the proceedings.…

…the amendment was allowed.…

…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…

…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.…

…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).…

…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…

…A parallel situation as regards the amendment of the rules might be said to have occurred in England in relation to extension of time.…

…Under the law as it was conceived to be before the amendment, such a mistake was considered to be in no circumstances a sufficient ground.…

…A parallel situation as regards the amendment of the rules might be said to have occurred in England in relation to extension of time.…

…Under the law as it was conceived to be before the amendment, such a mistake was considered to be in no circumstances a sufficient ground.…

…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…

…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…

…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…

…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:…

…That case was based on the construction of section 2 of the Chancery Procedure Amendment Act (Lord Cairn’s Act).…

…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…

…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…

…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.…

…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…

…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.…

…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…