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…The law as regards amendment of pleadings is well settled. The general rule is that an amendment should not create injustice to the other party which cannot be compensated by way of costs.…

…) to allow an amendment adding or substituting a new cause of action in respect of which relief has already been claimed in the action by the party applying for leave to seek the amendment.”…

…The primary grounds advanced by the Claimants in seeking the interim injunctive relief are that the process of amendment did not involve the membership contrary to Article 23 of the Union’s Constitution; the Committee set…

…up to spearhead the review process did not place the proposed amendments before the National Executive Council for approval as demanded by Article 23 of the Union’s Constitution; some of the Union’s chapters did not have…

…AMENDMENT/CORRECTION The attention of the Court has been drawn to the fact that the Court has referred to the Petitioners as Respondents and given an incorrect Ruling date.…

…The Deputy Registrar to notify the parties of the amendments/corrections. Amended this 5th day of June 2024. Radido Stephen, MCIArb Judge…

…AMENDMENT/CORRECTION The attention of the Court has been brought to the fact that the Court has referred to the Petitioners as Respondents.…

…The Deputy Registrar to notify the parties of the amendments/corrections. Amended this 5th day of June 2024. Radido Stephen, MCIArb Judge…

…A look at the amended memorandum of claim dated 18/9/2020 and filed by the Claimant pursuant to this Court’s foregoing Ruling shows that the only amendment effected was correction of the Respondent’s name from Modern Coast…

…I have taken note of the fact that in allowing amendment of the Claimant’s memorandum of claim, the Court stated that the amended memorandum of claim annexed to the application for leave to amend would be deemed duly filed…

…AMENDMENT/CORRECTION The attention of the Court has been drawn to the fact that the Court has referred to the Petitioners as Respondents and given an incorrect Ruling date.…

…The Deputy Registrar to notify the parties of the amendments/corrections. Amended this 5th day of June 2024. Radido Stephen, MCIArb Judge…

…The rest of the intended “amendment” is introduction of a counter-claim, running from paragraph 16 of the said filed draft upto paragraph 25, thereof and ending with prayers:- a) That the Claimant’s claim be dismissed. b)…

…Such an amendment cannot be looked at through the liberal and gracious principles governing amendment of pleadings, which the Respondent/Applicant’s Counsel have invoked in their filed written submissions.…

…AMENDMENT/CORRECTION The attention of the Court has been brought to a typographical error in paragraphs 8 and 14 where the date is indicated as 25 October 2024. The correct date is 25 October 2023.…

…It is the Claimant’s case that the parties have a registered Collective Bargaining Agreement (CBA) and had been in communication since 4th May 2022 on amendments to the CBA and the Claimant responded to the unions letter…

…on proposed amendments to the CBA vide letter dated 13th May 2022, noting that it was experiencing economic low times in business and was not in a position to negotiate the CBA.…

…Order 8, rule 4 provides for Amendment of originating process. “4.…

…The court’s approach in dealing with amendments has always been that an application for amendment should be allowed unless the application to amend is mala fides or it will prejudice the other party or cause an injustice…

…Counsel submitted that the amendment ought not be allowed because the plaintiff would suffer prejudice arising from the said amendment.…

…The same provides for Amendment of Pleadings.…

…b) Whether the amendment will be prejudicial to the Plaintiff/Respondent? 6.…

…in mind in dealing with the applications for amendment of the pleadings- i.…

…She, however, submitted that an amendment is not necessary in this instance as the applicant had already pleaded on the subject property, and the amendment seeks to contradict the same.…

…She urged that the amendment offends Rules 14 and 15 of the Matrimonial Property Rules, 2022. If the amendment is allowed, the Applicant/Respondent will be prejudiced.…

…the court may at any stage order the amendment of any document, either on application by any party to the proceedings or of its own motion. … The person applying for amendment must be acting in good faith.…

…If the amendment for which leave is asked seeks to repair an omission due to negligence or carelessness, leave to amend may be granted if the amendment can be made without injustice to the other side. ..” 13.…

…motion, ….The person applying for amendment must be acting in good faith.…

…If the amendment for which leave is asked seeks to repair an omission due to negligence or carelessness, leave to amend may be granted if the amendment can be made without injustice to the other side...…

…the amendment or, if no order has been made, the number of the rule in pursuance of which the amendment was made. (2) All amendments shall be shown by striking out in red ink all deleted words, but in such a manner as to…

…is not acting mala fides; (b) The amendment will not cause some injury to the other side which cannot be compensated by costs; (c) The amendment is not a device to abuse the court process; (d) The amendment is necessary for…

…Jaspal Singh Birdi & another (2007) KEHC 2776 (KLR), wherein the court held that applications for amendment of pleadings should only be allowed if they are brought within a reasonable time because to allow a late amendment…

…The legal parameters governing the amendment of pleadings are as follows: The amendment should not introduce new or inconsistent cause of actions or issues The amendment should be made timeously; It should not affect any…

…Proposed amendment should not cause prejudice to the other side which cannot be compensated by means of costs; v. Amendment of a claim or relief barred by time should not be allowed; vi.…

…The delay in filing the petitions for amendment of the pleadings should be properly compensated by costs; ix.…

…As regards the amendment of the Notice of Motion I hold that the court has inherent powers to allow it so that the purpose of the proposed amendment in the statement is not defeated."…

…Nyamweya while allowing amendment of Substantive Notice of Motion stated as follows; “3.…