Muita Thiritkwa v Abdul Rahim Dawood [2014] KEELC 14 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENY AT MERU

HCC NO. 129 OF 2012

MUITA THIRITKWA..........................PLAINTIFF

VERSUS

ABDUL RAHIM DAWOOD...............DEFENDANT

R U L I N G

This application is dated 30th June, 2014 and seeks orders:

THATthe honourable Court be pleased to grant the Plaintiff leave to amend the Plaint in terms of the annexed amended Plaint.

THATcosts of the Application be in the cause.

It has, inter alia, the following grounds:

(a) THAT for the full determination of the questions in controversy, there is   need to amend the Plaint.

(b)THAT there is need of leave of the court to amend the Plaint since the      pleadings are closed.

(c) THAT the proposed amendments will not prejudice the Defendant.

(d)  THAT it is in the interest of justice that the Plaintiff be allowed to amend   the Plaint.

During interpartes hearing on 25. 11. 2014 the parties, by consent, agreed to have the application allowed.  In the circumstances, it is hereby allowed.

It is also directed as follows:

The amended plaint to be filed within 14 days from today.

The Respondent, if necessary, is allowed to put in an amended defence within 14 days after the amended plaint is served upon him by the plaintiff.

It is so ordered.

Delivered in Open Court at Meru this 25th day of November, 2014 in the presence of:

Cc. Daniel

Rimita h/b Mwirigi for Plaintiff/Applicant

Mutunga for Defendant/Respondent

P. M. NJOROGE

JUDGE