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ELCAllowedNot stated in the judgment· [2019] KEELC 3625 (KLR)

Syke Enterprises Limited v Moi Teaching and Referral Hospital Staff Pension Scheme [2019] KEELC 3625 (KLR)

High Court of Kenya
9 April 2019
AOA. Ombwayo
1,134 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's High Court allowed a plaintiff to add a damages claim mid-case, confirming amendments are freely permitted unless they genuinely prejudice the other side.

What this practically means

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Executive summary

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This ruling by A. Ombwayo J, delivered at Eldoret on 9 April 2019, determined the plaintiff's application dated 19 November 2018 seeking leave to amend the plaint dated 18 July 2017 to include a claim for general damages arising from the defendant's alleged breach of contractual obligation. The dispute concerns a lease over Eldoret Municipality Block 4/332, an eight-storey hotel building, from which the plaintiff vacated in January 2016. The plaintiff, through the affidavit of Dr. Jacquiline C. Korir, argued the amendment would clarify the real issues in controversy and occasion no harm, as the defendant could respond to the amended plaint. The defendant, Dr. Felix Tarus, opposed the application, contending it was made in bad faith to forestall his defence and counterclaim seeking approximately Kshs. 100 million in accrued and future rent, repairs, utility bills, VAT and legal fees; that the plaintiff had sneaked out of the premises to evade rent and obstruct justice; and that the application was brought after inordinate delay. The court held that the defendant had not demonstrated any prejudice likely to flow from the amendment. Invoking its unfettered discretion under Order 8, Rule 3, which it noted must be exercised judiciously and not capriciously, the court allowed the amendment, holding it would assist in resolving the real controversy. The defendant was granted liberty to amend his defence. The court ordered costs in the cause.

Key legal issues

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01

Whether leave to amend the plaint to add a claim for general damages should be granted

Holding

The application was allowed; the court found no demonstrated prejudice to the defendant and held the amendment would assist in resolving the real controversy.

Reasoning

The court applied the principle that amendments to pleadings are freely allowed at any stage of the proceedings for the purpose of determining the real question in controversy, provided the amendment does not prejudice the other side. The defendant had not demonstrated any prejudice, and the defendant retained the liberty to amend his defence in response. The amendment was therefore permitted in the interest of justice.

p. 2

Legal principles established

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  • Under Order 8, Rule 3, the court has an unfettered discretion to allow an amendment of pleadings, which must nonetheless be exercised judiciously and not capriciously.
  • An amendment will be allowed where it does not prejudice the opposing party and assists the court in resolving the real controversy between the parties.

Court orders

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  1. 1.Leave granted to the plaintiff to amend the plaint dated 18.07.2017 to include a claim for general damages for breach of contractual obligation
  2. 2.The defendant at liberty to amend his defence
  3. 3.Costs in the cause

Authorities

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Legislation

  • Civil Procedure RulesOrder 8, Rule 3
Jurisdiction invoked
Inherent discretion to allow amendment of pleadings under Order 8, Rule 3 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Syke Enterprises Limited v Moi Teaching and Referral Hospital Staff Pension Scheme [2019] KEELC 3625 (KLR)", Case Analysis (2019). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/3625/eng@2019-04-09

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.