Maore M’arunga v Paul Kaunyangi Zakayo , District Land Adjudication Officer & Attorney General [2015] KEHC 1163 (KLR) | Amendment Of Pleadings | Esheria

Maore M’arunga v Paul Kaunyangi Zakayo , District Land Adjudication Officer & Attorney General [2015] KEHC 1163 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MERU

CIVIL SUIT NO 277 OF 2013

MAORE M’ARUNGA …..................................................................PLAINTIFF

VERSUS

PAUL KAUNYANGI ZAKAYO ...........................................1ST DEFENDANT

DISTRICT LAND ADJUDICATION OFFICER...............2ND DEFENDANT

THE HON. ATTORNEY GENERAL .................................3RD DEFENDANT

R U L I N G

This application is dated 07/07/2015. It seeks orders that:-

The Honourable Court be pleased to grant leave to the applicant to amend his plaint in the terms of the draft amended plaint filed herewith.

The costs be in cause.

The application is supported  by the affidavit of Maore Arunga and has the following grounds:-

The amendment sought is necessary for the just and fair determination of the issues between the parties.

The orders sought will assist the Court to arrive at the ends of justice.

When this matter came up for directions on 3/11/2015, it transpired that the application was not opposed. Indeed the 2nd and 3rd defendants/respondents told  the Court that they were not opposed  to the application and asked that the costs be in the cause.

In the Circumstances, the application is allowed with costs being in the cause.

It is so ordered.

Delivered in open Court at Meru this 3th day of November, 2015 in the presence of:

CC: Daniel/Lilian

Nyenyire  for Plaintiff

Kieti for 2nd and 3rd defendants

P. M. NJOROGE

JUDGE