Automated Summary
Key Facts
The plaintiff, Demeure Cloud Nine Limited, sought leave to amend its plaint to include a new claim for special damages of Kshs 92,925,951.35 against the defendant, Nairobi City County Government, alleging that the defendant's interference with construction on LR No 1/854 caused unforeseen pecuniary losses. The defendant opposed the amendment, arguing it was frivolous and lacked evidentiary support. The court allowed the amendment, ruling it necessary for resolving the dispute without prejudice to the defendant.
Issues
The court considered whether to grant the plaintiff leave to amend its plaint to include a new claim for special damages of Kshs 92,925,951.35, arguing the amendment was necessary to address all issues in the case and avoid prejudice.
Holdings
The court allowed the plaintiff's application to amend its plaint, determining that the amendment is necessary for effectively adjudicating the real questions in controversy between the parties. The judge found no prejudice or injustice to the defendant and noted that the merits of the new claim for Kshs 92,925,951.35 in special damages can only be assessed at trial.
Remedies
- The plaintiff is granted leave to amend its plaint in terms of the draft amended plaint annexed to the affidavit in support of the application.
- The amended plaint shall be filed within 14 days from the date hereof.
- The defendant shall be at liberty to amend its defence within 14 days of service of the amended plaint.
- The costs of the application shall be in the cause.
- The plaintiff shall be at liberty to file a reply to amended defence if any within 7 days of service of the same.
Legal Principles
Applications for leave to amend pleadings should be freely allowed at any stage if made in good faith, provided no prejudice or injustice to the opposing party occurs. Amendments are permitted to resolve real controversies, avoid multiplicity of suits, and ensure complete adjudication.
Precedent Name
- Joseph Ochieng & 2 others v First National Bank of Chicago
- Central Kenya Ltd v Trust Bank Limited & 4 others
Judge Name
S Okong'o
Passage Text
- "...power to so amend can be exercised by the court at any stage of the proceedings (including appeal stages) that as a general rule however late the amendment is sought to be made it should be allowed if made in good faith provided costs can compensate the other side.....; that the proposed amendment must not be immaterial or useless or merely technical.....; that if the proposed amendments introduce a new case or new ground of defence it can be allowed unless it would change the action into one of a substantially different character which could more conveniently be made the subject of a fresh action;"
- I am of the view that parties to a suit should be allowed to make such amendments as may be necessary for the determination of real questions in controversy between them or to avoid multiplicity of suits, provided, no inconsistent cause of action is introduced, no vested interest or accrued legal right is affected and no injustice is caused to the other side.
- The application is allowed on the following terms; 1. The plaintiff is granted leave to amend its plaint... 2. The amended plaint shall be filed within 14 days... 3. The defendant shall be at liberty to amend its defence... 4. The plaintiff shall be at liberty to file a reply... 5. The costs of the application shall be in the cause.