Judgment[1995] KECA 31
Case law
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Division and case type: CivilCivil Appeal
…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…
Division and case type: Constitutional and Human RightsElection Petition
…Shitsama argued that the recent amendment to section 20 of the Act had brought a significant change in the law and that under the law as it now stands only the petition has to be served upon the respondent and not the notice…
…Before its amendment, section 20 (1) of the Act read as follows:- (I) A petition - (a) to question the validity of an election, shall be presented within twenty-eight days after the date of publication of the result of the…
Division and case type: CivilCivil Appeal
…The learned Judge recorded that by consent the application for amendment of the notice of appeal filed on 12th November, 1997, be granted as prayed with costs of the application being costs in the appeal.…
Division and case type: CivilCivil Appeal
…It has been stated on many occasions that a litigant ought to be given a chance to defend or prosecute his suit if he has an arguable defence or claim which can be sustainable even after amendment of the pleadings.…