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Mulu Mbuvi v John Syanda [2014] KEHC 5813 (KLR)

Mulu Mbuvi v John Syanda [2014] KEHC 5813 (KLR)
Citation
Mulu Mbuvi v John Syanda [2014] KEHC 5813 (KLR)
Media Neutral Citation
[2014] KEHC 5813 (KLR)
Court
High Court
Court station
High Court at Garissa
Case number
Civil Case 2 of 2011
Alternative citations
Mulu Mbuvi v John Syanda [2014] eKLR
Judgment date
19 February 2014
Language
English
Type
Judgment
Original source file
Download DOC (28.0 KB)
Case action
Ruling
Court division
Civil
Filing county
Garissa
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REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT GARISSA

CIVIL CASE NO 2 OF 2012

MULU MBUVI……………………PLAINTIFF/APPLICANT

VERSUS

JOHN SYANDA……………DEFENDANT/RESPONDENT

RULING

By a Notice of Motion dated 20th November 2013 and filed on 2nd December 2013, the applicant is seeking leave of this court to amend his plaint. The application is brought under Order 8 Rules 3(1), (2), (3), (4) and Rule 5(1) of the Civil Procedure Rules and all other enabling provisions of the law. He is also seeking to have the Draft Amended Plaint attached to the application deemed as duly filed and costs of the application.

The application is supported by the grounds found on the face of the application and on the supporting affidavit. The applicant states in the grounds in support that the amendments seek to rectify errors and omissions in the Plaint and raise issues that arose after filing the suit and those omitted in order to properly plead all issues for proper determination of the case. The amendments also seek to correct the name of the Defendant and/or alter the capacity in which the Defendant is sued.

In the supporting affidavit, the applicant deposes that his former advocate failed to include and/or plead material particulars that were essential in the final determination of this case; that all the damages have not been pleaded in the Plaint and if the case proceeds to hearing as it is pleaded the applicant will not recover the actual damages; that it is necessary to amend the plaint to enable this court to adjudicate on all the issues in dispute.

The application was argued ex parte. Mr. Mwangi who held brief for Mr. Nyamu sought adjournment without giving reasons why Mr. Nyamu was not in court and this court declined to allow an adjournment.

I have considered the application and the supporting grounds. In the interest of justice I will and do hereby allow the same. The respondent and third party will not be prejudiced in my view. They will be at liberty to raise any defence available to them. I make the following orders:

  1. The applicant is hereby granted leave to amend his plaint.
  2. The draft amended plaint is hereby deemed as duly filed subject to payment of requisite filing fees.
  3. The costs of this application shall be in the cause.

It is so ordered.

Dated, signed and delivered this 19th February 2014.

S.N.MUTUKU

JUDGE

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