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…He argued his case on the bases of order VIA rule 3 of the Civil Procedure Rules and maintained that such an amendment required the approval of the court.…

…It provides: “(1) A party may, without the leave of the court, amend any pleading of his once at any time before the pleadings are closed” and that the amendment dated from the date of the plaint.…

…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.…

…There was quick reaction by the respondent in applying for amendment of the pleadings under Rule 44 (2).…

…The amendment was allowed so as to tie up with the evidence. This ground of appeal also fails.…

…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…

…Count 2: Being in possession of a firearm contrary to S. 4(1) of the Firearms Act as read with Firearms (Amendment) Act No. 8 of 1988.…

…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.…

…CONSTITIUTION OF THE REPUBLIC OF KENYA IN THE MATTER OF: THE ALLEGED CONTRAVENTION OF THE FUNDAMENTAL RIGHTS AND FREEDOMS UNDER SECTION 70,72,75 & 78 OF THE CONSTITUION OF KENYA IN THEMATTER OF: THE CONSTITUTIONAL REVIEW AMENDMENT…

…nugatory.He said that the application must be heard and a ruling given before 7.01.10 since the CoE must present their report to the 3rdRespondent by 7.01.2010 under the provisions of Section 32 of the constitution Review Amendment…

…EXECUTOR/RESPONDENT R U L I N G Although in this summons dated 19th September 2002 the Respondent, Frasia Wanjiku Kariuki, was served and has failed to come up to oppose the application requiring rectification or amendment…

…Count 2: Being in possession of a firearm contrary to S. 4(1) of the Firearms Act as read with Firearms (Amendment) Act No. 8 of 1988.…

…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.…

…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…

…The 3rd defendant was brought in these proceedings by an amendment of the plaint amended on 19th March 2001. The 3rd defendant filed his defence on 7th May 2001.…

…To this submission the State Counsel pointed to the Criminal Law (Amendment) Act No 5 of 2003 section 193A dealing with “concurrent criminal and civil proceedings” which states: “Notwithstanding the provisions of any other…

…Regarding Criminal Law Amendment section 193A there is here no case for stay or delaying criminal proceedings. It is clear that the lower court criminal case was closed. No plea was taken.…

…On December 1, 1986 notice was filed of amendment of petition of appeal.…

…The effect of the notice of amendment was that the appellant amended his earlier petition of appeal by abandoning the grounds of appeal contained in it and replacing them with the grounds of appeal contained in the amended…

…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.…