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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.…

…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…

…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.…

…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).…

…One must look to the Miscellaneous Amendment Act No 11 of 1991 in which the law has exempted technical witnesses to be called to give evidence before Court and documents so produced by then can be done without calling the…

…He had on the 4th of October, 2004 filed a notice of amendment to his petition and indicated that the deceased estate had a liability of Kshs.1,295,000/- on account of the aforesaid deposit.…

…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).…

…(xvii) THAT I aver and affirm that his Honourable Court has no mandate to grant an amendment of the petition unless an amendment is made within twenty eight (28) days.…

…(xxv) THAT an amendment outside the stipulated twenty eight (28) days is improper.…

…(xvii) THAT I aver and affirm that his Honourable Court has no mandate to grant an amendment of the petition unless an amendment is made within twenty eight (28) days.…

…(xxv) THAT an amendment outside the stipulated twenty eight (28) days is improper.…

…The crux of the plaintiff’s application is that the defendant is charging additional and illegal interest in contravention of Section 44 of the Banking Act as read with Section 39 of the Central Bank of Kenya (Amendment)…

…As the amendment to the defence raising the Barraclough v Brown issue was raised by the Court at a very later stage, I award the defendants 1/3 of his costs.…

…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…

…He therefore asserted that on 30th June, 2020 when the said witness testified and disclosed the place where the offence took place, the Director of Public Prosecutions (DPP) had a duty to make an amendment to the charge.…

…Masila submitted that under Section 214 of the (CPC), amendment of a charge can be made at any time before the closure of the prosecution case.…