Kayser Investment Ltd v Bamburi Special Products Ltd & 2 others (Civil Appeal (Application) E399 of 2021) [2026] KECA 1650 (KLR)
The bottom line
#Kenya's Court of Appeal let a property investor add forgotten appeal grounds — honest mistakes can be fixed before a hearing if no one is harmed.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether leave should be granted to amend the memorandum of appeal dated 7th July, 2021
- 2.Whether leave should be granted to file a further supplementary record of appeal to accompany the proposed amended memorandum of appeal
- 3.Whether the respondents would suffer prejudice if the amendments are allowed
Key legal issues
#Whether leave to amend a memorandum of appeal should be granted where grounds were omitted through inadvertent drafting error
Leave was granted because the amendments did not introduce new matter but corrected an inadvertent omission, clarified the issues in controversy, and caused no prejudice to the respondents since the appeal had not yet been heard.
The court applied the Eastern Bakery principles that amendments should be freely allowed before hearing if compensable by costs. The applicant explained the omission as inadvertence discovered during compilation of the record. The proposed grounds brought out that the trial Judge dismissed the suit at an interlocutory stage. The appeal was unheard, so no prejudice would befall the respondents.
Whether leave to file a further supplementary record of appeal should accompany the amended memorandum
Leave was granted on the same reasoning, as the supplementary record complements the amended memorandum of appeal.
The court found the second order merited for the same reasons as the amendment, since the further supplementary record of appeal complements the amended memorandum of appeal and no prejudice would be suffered by the respondents.
Legal principles established
#- Amendments to pleadings sought before hearing should be freely allowed if they can be made without injustice to the other side, and there is no injustice if the other side can be compensated by costs.
- The Court of Appeal may grant leave to amend a memorandum of appeal on terms it deems appropriate, and will not refuse an amendment merely because it introduces a new case, provided no injustice or change in the subject matter of the suit results.
Court orders
#- 1.The application dated 10th March, 2026 be and is hereby allowed as prayed
- 2.The applicant should file the amended memorandum of appeal and further supplementary record of appeal shall be filed within twenty-one (21) days from the date hereof and serve within 15 days from the date of filing
- 3.The costs will abide the outcome of the appeal
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Environment and Land Court
- HCCC 431 and 432 of 2014 (underlying suit); ELC application dismissed
- Jurisdiction invoked
- Rules 16, 46 and 88 of the Court of Appeal Rules, 2022
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The application dated 10th March, 2026 be and is hereby allowed as prayed.
The applicant should file the amended memorandum of appeal and further supplementary record of appeal shall be filed within twenty-one (21) days from the date hereof and serve within 15 days from the date of filing.
The costs will abide the outcome of the appeal.
amendments to pleadings sought before the hearing should be freely allowed, if they can be made without injustice to the other side, and that there is no injustice if the other side can be compensated by costs
Issues in the judgment
#The ruling does not name the respondents or give the appeal number; the case title and case number fields are reconstructed from the application description only.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kayser Investment Ltd v Bamburi Special Products Ltd & 2 others (Civil Appeal (Application) E399 of 2021) [2026] KECA 1650 (KLR)", Case Analysis (2026). Not stated in the ruling (application dated 10th March, 2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1650/eng@2026-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.