Mzuri Malau Mlai & 3 others (Suing on his own and on behalf of Miritini Redeemed Gospel Church) Trustees of Redeemed Gospel Church Incorporated v Blue Horizon Properties Limited & 2 others [2021] KEELC 4096 (KLR)
The bottom line
#A Mombasa court refused to let plaintiffs add a new party to a ten-year-old land case, ruling the late amendment was a delay tactic, not a genuine fix.
What this practically means
#Executive summary
#Key legal issues
#Whether leave should be granted to add a party and further amend the plaint under Order 1 rule 10 and Order 8 rule 3
The application was refused because it was the third amendment, brought without explanation nine years into a part-heared matter, and was not made in good faith
The court has discretion under Order 1 rule 10(2) to add a party necessary for complete adjudication, and under Order 8 rule 3 to allow amendment at any stage. However, the exercise of that discretion is guided by principles requiring necessity of the amendment, absence of undue delay and absence of prejudice beyond compensation. The plaintiffs had amended twice before, knew of the proposed party since 2015 from the 1st defendant's documents, gave no explanation for the delay, and the case was part-heard. The amendment was thus an afterthought to fill gaps and would delay finalization, warranting refusal.
Legal principles established
#- The overriding consideration in an application for leave to amend is whether the amendments are necessary for the determination of the suit and whether delay will prejudice the opposite party beyond compensation in costs
- Amendments are allowed to determine the real question in controversy provided there is no undue delay, no new or inconsistent cause of action, no vested interest affected, and no injustice to the other side
Court orders
#- 1.The plaintiffs' Notice of Motion dated 16th September 2020 is disallowed
- 2.Costs are awarded to the 1st defendant
- Jurisdiction invoked
- Order 1 Rule 10(2)(4), Order 51 Rule 1 of the Civil Procedure Rules 2010 and Sections 1A, 1B and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mzuri Malau Mlai & 3 others (Suing on his own and on behalf of Miritini Redeemed Gospel Church) Trustees of Redeemed Gospel Church Incorporated v Blue Horizon Properties Limited & 2 others [2021] KEELC 4096 (KLR)", Case Analysis (2021). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/4096/eng@2021-03-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.