Mburu v Kariuki (Civil Appeal (Application) 15 of 2020) [2024] KECA 1741 (KLR)
The bottom line
#The Court of Appeal allowed an appellant to add an omitted respondent to his appeal years later, confirming courts will forgive inadvertent errors where no one is prejudiced.
What this practically means
#Executive summary
#Key legal issues
#Leave to amend a memorandum of appeal to add an omitted respondent
Leave was granted where the omitted party actively participated at trial and all appeal documents had been served on its advocates; the omission was due to inadvertence and the amendment caused no prejudice
The Court exercised its discretion under rule 46(1), guided by the principles in Kenya Hotels Limited v Oriental Commercial Bank Limited. Amendments are more readily allowed where the ground rests on evidence adduced at trial, and the overriding concern is avoiding prejudice to a party made to meet a new case late. Here the intended respondent participated fully at trial, was served with the notice of appeal, application for proceedings, record of appeal and memorandum of appeal, and the application was unopposed.
Legal principles established
#- The Court's discretion under rule 46(1) to allow amendment of pleadings on appeal must be exercised judiciously and depends on the facts and circumstances of each case
Court orders
#- 1.The application dated 30th July 2024 is allowed, with no order as to costs
- Jurisdiction invoked
- Rule 46(1) of the Court of Appeal Rules, 2022 (application brought under rule 44(1) of the former Rules)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mburu v Kariuki (Civil Appeal (Application) 15 of 2020) [2024] KECA 1741 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/1741/eng@2024-12-06
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.