MARGARET SOARES v JANE OTIENO [2009] KEHC 995 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT

AT NAIROBI

MILIMANI COMMERCIAL AND ADMIRALTY DIVISION

Civil Appeal 275 of 2003

MARGARET SOARES……………………………………….PLAINTIFF

VERSUS

JANE OTIENO……………………………………………...DEFENDANS

RULING

Application dated 15/6/2006 brought under Section 3A Civil Procedure Act Cap 21 Section 100.  Order 6A, 3, 2, 5, 8 (amended without objection).

The orders are to add Afro Haliton Co. Ltd. as  a party to this suit.  The application is supported by affidavit of Margaret Soares and on ground that there was a bonafide mistake and the additional party is necessary to the determination of the real matter in dispute.

The defendant has filed grounds of opposition.

I have read the same.  The court has power to allow amendments including adding parties to the suit even under Order 1 rule 10.  Order 6A also empowers court to allow amendments at any time before judgment.

I am convinced that there was error and that the defendant shall not be prejudiced; In the circumstances, I allow application.  The plaintiff shall amend the plaint to include the company as a defendant and shall file the same and serve on the new parties who shall proceed to file defence within the next 21 days of service.

The defendant is awarded Kshs.5,000/= costs.

Adding the new party as defendant and shall serve upon the company who shall enter appearance after 15 days and file defence after usual time.

Orders accordingly.

Dated, Signed and delivered at Nairobi this 6th day of November, 2009.

JOYCE N. KHAMINWA

JUDGE