KENYA PROJECTS & INVESTMENTS LIMITED vs KENYA POST OFFICE SAVINGS BANK,KENYA POST OFFICE SAVINGS BANK RETIREMENT BENEFIT SCHEME & THE COMMISSIONER OF LANDS [2001] KEHC 549 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI COMMERCIAL COURTS CIVIL CASE NO.2811 OF 1995

KENYA PROJECTS &INVESTMENTS LIMITED………………………………….PLAINTIFF VERSUS KENYA POST OFFICE SAVINGS BANK………………………………………..1ST DEFENDANT KENYA POST OFFICE SAVINGS BANK RETIREMENT BENEFIT SCHEME…………………………………..2ND DEFENDANT THE COMMISSIONER OF LANDS………………..3RD DEFENDANT

RULING

The Re-amended Plaint was admittedly filed without leave of the court. The Plaintiff had amended his Plaint once under Order 6A rule 1 of the Civil Procedure Rules and could not amend the Plaint further without leave of the act. The Plaintiff admits this freely. It however concedes that the mistake is curable by allowing it leave to file a re-amended Plaint and to that effect he is seeking that the present-amended Plaint should remain in the court records till he files such a re-amended Plaint. I have perused the authorities before me. The correct position as I understand it is that there is no re-amended Plaint validly before me as the law does not allow Plaintiff to file a re-amended Plaint or pleading without the leave of the court. I think the correct position is that the re-amended plaint in court file must be expunged from the court record.

That will meant hat the amended Plaint iswhat will be on record till the Plaintiff applies (if he applies and is granted leave to re-amend it. I say the amended Plaint will remain on the record because as there-amended Plaint is not validly before the court it could not have overtaken the amended |Plaint and the re-amended Plaint cannot be said to be the one now on record as it is not a valid document. I do expunge from the record the Re-amended Plaint. The Plaintiff is at liberty to apply to have the present amended plaint re-amended if it so wishes. Costs of the Preliminary Objection to the respondents.

Dated at Nairobi this 15th day of March 2001.

ONYANGO OTIENO

Judge