Judgment[1995] KECA 150
Case law
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Division and case type: CivilCivil Appeal
…When the trial commenced the respondent’s advocate sought formal leave to amend the defence to incorporate a plea of contributory negligence on the part of the deceased.…
…Mureithi and the learned judge ruled that as the issue was not raised in the defence and even on two other previous occasions when the case came up for hearing, it would be prejudicial to the appellants’ case if he granted leave…
Division and case type: CivilCivil Appeal
…Notice of Motion dated 12th November, 1997 of the Appellant and the Civil Appeal No. 160 of 1997 be paid by the Appellant to the Respondent. (3)That the Notice of Motion filed by the Appellant on 12 th November, 1997 seeking leave…
…to amend its Notice of Appeal be also struck out and/or dismissed with costs and for the further order that the purported Consent Order made and/or recorded by the Honourable Mr.…
Division and case type: CivilCivil Appeal
…As was stated by Briggs, JA in Hashan Merali and another v Javer Kassam and Sons Ltd [1957] EA 503 at 504:- “There is no doubt that in contested cases it is ordinarily undesirable to give unrestricted leave to amend......…