Judgment[1995] KECA 165
Case law
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…These being the amendments, what effect do they have? In the first place, it is obvious that the terms and setting of the exclusion clauses in both contracts must control the inquiry into these problems.…
…Although Mr Gautama refused to speculate on the effects of the amendments on the plaintiff’s case, in our opinion it is certain that no new facts can profitably arise.…
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: Anti-CorruptionCivil Appeal
…Regarding the borrowing powers of the Company we shall expect you to advise them to make the necessary amendments to the Memorandum of Articles of Association to enable the Company to borrow as necessary.…
…The debenture, the loan agreement, the legal charge, the guarantee and the amendment of the appellant companies Memorandum and Articles of Association, in themselves may not be condential because some of them had to be exchanged…