Case law
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Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…grant leave to amend the petition.…
…The petitioner has sought leave to amend her petition to give proper and accurate description of the respondent. Rule 18 of the Mutunga Rules confers on the court discretion to grant leave to amend.…
Division and case type: High Court DivCivil Appeal
…to amend plaint was made on 5th June 2023 when the mater had not been scheduled for hearing and the court has the discretion to grant leave to amend pleadings at any stage of the proceeding.…
…to amend the plaint.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The former sought discovery orders, while the current application seeks leave to amend the Defence and file a counterclaim. As such, the two applications are distinct in both form and substance.…
…On that date, the Court had already granted the Applicant leave to amend its Defence and include a counterclaim, with a 21-day timeline for compliance.…
Division and case type: High Court DivCivil Appeal
…The Learned Advocate sought to be given 14 days to settle and also applied for leave to amend the defence. 5.…
…She formed the opinion that the Appellant in seeking for leave to amend the admission was disingenuous and an attempt to delay the closure of the matter. 7.…
Division and case type: High Court Commercial and TaxCommercial Matters
…INTENDED 5TH DEFENDANT RULING This is a ruling on the application dated 10th February 2025 for leave to amend.…
…Even where leave to amend is to be granted, the court will do so on terms that are just, including payment of costs.…
Division and case type: High Court Commercial and TaxCommercial Matters
…to amend his Originating summons.…
…In absence of any compelling reasons to deny the leave to amend, the same is granted. 17. As to cost of the application, the same will be in the cause. Determination 18.…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…to amend his petition as well as the notice of Motion Application. 7.…
…First National Bank of Chicago Civil Appeal Number 147 of 1991 the Court of Appeal clearly set out the principles under which Courts may grant leave to amend the pleadings. The same is as follows: a.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The plaintiff filed the Notice of Motion dated 21st June 2024, under Order 8 Rules 3 & 5 seeking leave to amend the Plaint dated 29th June, 2022.…
…The issues for determination are whether the PO is merited and whether the plaintiff has made a case for leave to amend the Plaint. 8.…
Division and case type: High Court Anti Corruption and Economic CrimesAnti-Corruption and Economic Crimes Appeal
…The Appellant identified three issues of determination as follows: - a) Whether the Applicant/ Appellant is entitled to leave to amend his Petition of Appeal dated the 13th, February, 2025 b) Whether the Respondent will suffer…
…On the first issue, Counsel submitted that the Applicant is entitled to leave to amend his Petition of Appeal to have a fair trial and to assist the court to make a just decision.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The 1st Defendant seeks leave to amend the defence and file a counterclaim. 6. The application is supported by the annexed affidavit of Ahmed Rashid Jibril, the director of the 1st Defendant.…
…The 1st Defendant seeks leave to amend its defence so as to introduce a counterclaim founded upon information allegedly discovered after filing the original defence. 27.…
Division and case type: High Court Commercial and TaxCommercial Matters
…For determination is the plaintiff’s Notice of Motion application dated 31/10/2022 seeking leave to amend its plaint dated 10/5/2022 and the defendant’s Preliminary Objection (PO) dated 16/6/2022 seeking to have this suit…
…The second issue for determination is whether the plaintiff should be granted leave to amend its plaint. 15.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Karani Kamati Counsel for the 1st defendant sought leave to amend the discrepancy of amounts in the documents filed by the 1st defendant.…
…Mbeche for the plaintiff and the 2nd defendant respectively were not opposed to the application for leave to amend the documents save to the effect that only figures would be amended.…
Division and case type: High Court Commercial and TaxCommercial Matters
…By an application dated 15/5/2024 the plaintiffs seek leave to amend the plaint dated 2/6/2022 and the witness statement dated 22/12/2021 as well as leave to file a supplementary witness statement.…
…If the amendment for which leave is asked seeks to repair an omission due to negligence or carelessness, leave to amend may be granted if the amendment can be made without injustice to the other side. ..” 13.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Whether the plaintiff ought to be granted leave to amend the plaint as sought? The Plaintiff is seeking leave to amend the plaint to have its director Samuel Kimondo Theuri included as a party to a suit.…
…In Daniel Ngetich and another v K-Rep Bank Limited 2013 KLR the court held that: “Normally the court should be liberal in granting leave to amend pleadings. …
Division and case type: High Court Commercial and TaxCommercial Matters
…The applicant seeks leave to amend the Statement of Defence and Counterclaim.…
…The main issue is whether the applicant should be granted leave to amend his statement of defence and counterclaim. 6.…
Division and case type: High Court CivilCivil Suit
…The Defendants argued that the Plaintiff had previously been granted leave to file an amended plaint but later indicated that it had abandoned its quest to amend the Plaint.…
…It is not in dispute that the Plaintiff’s prayer for leave to amend its Plaint has come in late in the day.…
Division and case type: High Court Commercial and TaxCommercial Matters
…This ruling concerns the Plaintiff’s Notice of Motion dated 27th June 2025 seeking leave to amend its Plaint dated 24th February 2021, in the manner set out in the draft amended Plaint annexed to the application. 2.…
…The sole issue for determination is whether the Plaintiff should be granted leave to amend its Plaint as sought. 13. The law governing amendment of pleadings is settled.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The applicant submitted that leave to amend, sought and granted, was limited to amending the Plaint to exclude the amount of Kenya Shillings Twelve Million and Five Hundred Thousand (Kshs. 12,500,000.00) following the entry…
…It is not however in dispute that leave to amend was in fact granted. The question is on what terms, and to what extent? 12.…
Division and case type: High Court Commercial and TaxCommercial Matters
…This Ruling concerns the Plaintiff/Applicant’s Notice of Motion dated 29th October 2025 seeking, principally, leave to amend its Plaint. 2.…
…Leave to amend the Plaint dated 19th December 2022; iii. Liberty to the Defendant to file an amended Defence; and iv. Costs in the cause. 3.…
Division and case type: High Court DivCivil Suit
…Further that no prejudice whatsoever shall be occasioned to the defendant as she shall be at liberty or have corresponding leave to amend the statement of defence if she so wishes. 5.…
…The main point for determination is whether or not the applicant has made out a case for leave to amend the plaint. 34.…