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…He submitted that amendment of pleadings is not a matter of right but it is given at the discretion of the Court. 14.…

…The sole purpose of amendment of pleadings is to ensure that there will be just determination of all issues in controversy.…

…Thuku, learned Counsel for the plaintiff submitted that the plaintiff’s case revolves around two issues; being the legal effect of the withdrawn suit on the pleadings and amendment of pleadings.…

…of pleadings should be directions.…

…The Defendant placed reliance on the decisions of Eastern Bakery v Castelino (1958) EA 461 and Central Kenya Limited v Trust Bank Limited and others (2000) KECA 367 (KLR) where the Court stressed that amendments of pleadings…

…The plaintiff in its submissions in opposing the application relied on the principles set down by Kuloba J. in Kassam v Bank of Baroda (Kenya) Ltd (2002) 1 KLR 294 relating to amendment of pleadings.…

…The same provides for Amendment of Pleadings.…

…Order 8 Rule 1 provides for amendment of pleadings without leave in the following terms: Subject to Order 1, rules 9 and 10, Order 24, rules 3, 4, 5 and 6 and the following provisions of this rule, the court may at any stage…

…That the learned Deputy Registrar erred in law and in fact, in failing to find that amendment of pleadings is permissible under the law for the ends of justice to be met. v.…

…The principles guiding amendment of pleadings also apply to the amendment of a Bill of Costs.…

…it is settled that the following principles should be kept in mind in dealing with the applications for amendment of the pleadings- i.…

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

…He submitted that Order 8 of the Civil Procedure Rules applies to amendment of principal pleadings and not amendment of applications.…

…Amendment of pleadings should generally be permitted provided no new cause of action is introduced in the amended application.…

…of pleadings, I borrow from the decision in the case of Daniel Ngetich & Anor V K-Rep Bank Limited [2013] eKLR where it was stated that: “…Normally the court should be liberal in granting leave to amend a pleading. …

…Amendments of pleadings are governed by Order 8 Rule 5 of the Civil Procedure Rules on amendment of pleadings provides that: (1) For the purpose of determining the real question in controversy between the parties, or of correcting…

…The two are not pleadings, and therefore the principles which govern their rectification are not those applying to amendment of pleadings but those that apply to amendment of court orders.…

…A court order made by a civil court can only be amended through a review application, and not through an application for amendment of pleadings.…

…issue of amendment of pleadings is not novel and has been the subject of numerous court decisions, the common denominator being that as a general principle, courts will normally allow amendment of pleadings at any stage of…

…The object of amendment of pleadings is to enable the parties to alter their pleadings so as to ensure that the litigation between them is conducted, not on the false hypothesis of the facts already pleaded or the relief…

…The two are not pleadings, and therefore the principles which govern their rectification are not those applying to amendment of pleadings but those that apply to amendment of court orders.…

…A court order made by a civil court can only be amended through a review application, and not through an application for amendment of pleadings.…

…Section 100 of the Civil Procedure Act which is the last section in the Act provides for amendment of pleadings. The section stipulates: 100.…

…In the same vein, the discretionary power of the court in granting or refusing an application for amendment of pleadings should be exercised judicially and in consideration of the facts of the case in particular.…

…Counsel for the Applicant submitted on the general principles regarding amendment of pleadings as stated by the court in the case of Geyser International Assets Limited Vs.…

…Consolidated Bank of Kenya Limited & another (2016) eKLR to buttress its submission that the Courts have unfettered discretion to allow amendment of pleadings but the same should be used judiciously. 20.…

…of pleadings and not joinder of parties.…

…I agree with the Defendants that prayers for amendment of pleadings and enjoinment of parties are to be sought separately as the two prayers are prescribed under different provisions of the Rules. 16.…

…He referred to the provisions of Section 100 of the Civil Procedure Act and Order 8 Rule 5(1) of the Civil Procedure Rules, 2010 and stated that this Court has the discretion to allow amendment of pleadings at any stage before…

…He cited the decisions made in Lawrence Owino Omondi v Kenneth Inea Muyera [2017] eKLR and Central Kenya Limited v Trust Bank Limited (supra) and stated that the legal parameters governing amendment of pleadings are that…

…The principles that guide the court in considering an application for amendment of pleadings were set out by the Court of Appeal in Central Kenya Limited v Trust Bank limited (2000)2 E.A 365 as follows:- “A party is allowed…

…Bullen and Leake & Jacob's Precedents of Pleading, 12th Edition, provides as follows concerning amendment of pleadings: - “…power to so amend can be exercised by the court at any stage of the proceedings (including appeal…

…The two are not pleadings, and therefore the principles which govern their rectification are not those applying to amendment of pleadings but those that apply to amendment of court orders. [7] The Court further stated: “The…

…Law of Succession Act does not provide for amendment of pleadings in succession causes, but it does provide amendment of grants.…

…The legal framework governing the amendment of pleadings is set out in Section 100 of the Civil Procedure Act , which provides: “The court may at any time, and on such terms as to costs or otherwise as it may think fit, amend…

…The power to allow amendment of pleadings is further provided for under Order 8 Rule 3(1) of the Civil Procedure Rules , which states: “Subject to Order 1, Rules 9 and 10, Order 24, Rules 3, 4, 5 and 6, and the limitations…

…That said, the law on amendment of pleadings was articulated in Institute for Social Accountability& Another versus Parliament of Kenya & 3 others [2014] eKLR as follows; “The object of amendment of pleadings is to enable…