Karino Ole Koriata v Stephen Kaitet Koriata & 2 others [2020] KEELC 1125 (KLR)
The bottom line
#A Kenyan court refused to strike out a land claim pleading over black instead of red ink, prioritising a fair hearing over procedure.
What this practically means
#Executive summary
#Key legal issues
#Whether non-compliance with Order 8 Rule 7(2)(3) of the Civil Procedure Rules warrants striking out an amended plaint
Non-compliance with the red-ink requirements was found, but striking out was declined as an undue technicality
The court found the red-ink requirements of Order 8 Rule 7 to be mandatory in terms, and noted that the amendments in the plaint were underlined in black rather than red. However, the court held this was likely an oversight and that striking out the plaint would place hurdles before the plaintiff and offend Article 159(d) of the Constitution, particularly in a highly emotive land dispute.
Whether substantial justice should prevail over procedural technicality
Substantive justice prevails; disputes should be determined on merits rather than on pleading technicalities
Relying on Article 159(d) and the Salama Beach Hotel decision, the court held that striking out the amended plaint would shut the door on the plaintiff and cause a gross miscarriage of justice. Instead, the plaintiff was directed to regularise the amendments within 14 days and serve them.
Legal principles established
#- Amendments to pleadings must be shown by striking out deleted words in red ink and underlining added words in red ink, with other colours for further amendments
- Justice shall be administered without undue regard to procedural technicalities
Court orders
#- 1.The Notice of Motion dated 28/1/2020 is not merited and is declined
- 2.Each party to bear its own costs
- 3.The plaintiff to appropriately make the amendments (underlined in black ink) within 14 days of the ruling and serve the same on the defendants
- Jurisdiction invoked
- Article 159(d) of the Constitution of Kenya 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Karino Ole Koriata v Stephen Kaitet Koriata & 2 others [2020] KEELC 1125 (KLR)", Case Analysis (2020). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1125/eng@2020-10-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.