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ELCAllowedNot stated in judgment· [2025] KEELC 4177 (KLR)
Salim v Ibrahim (Land Case E026 of 2023) [2025] KEELC 4177 (KLR)
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·~3 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This is a ruling of the Environment and Land Court at Malindi (E. K. Makori, Judge) on a Chamber Summons dated December 6, 2024 by which the Defendant sought leave to amend her defence, introduce a counterclaim, and join the Chief Land Registrar, Kilifi, and the National Land Commission as parties to the suit. The Defendant asserted she purchased the suit property on May 20, 2010, took possession, enclosed it and constructed a building; the Plaintiff, who alleged allotment in 1997, confirmed in his affidavit that the Defendant has been in possession since 2010. A letter of November 25, 2022 from the National Land Commission Coordinator in Kilifi to the Chief Land Registrar supported her possession claim. The Plaintiff opposed the application through a replying affidavit of January 28, 2025, relying on Jack Mathenge Giturwa & another v Citimark Investment Limited to argue that pleadings had long closed and the application was excessively late and designed to delay the hearing. The Applicant relied on Pakaja Limited v Trustees of Mombasa Simba Sports Club, quoting the amendment rule that allows a party to amend pleadings at any stage on just terms. The court, agreeing with the Applicant's statement of the law, held it has discretion to allow amendment at any stage where the application is made in good faith and causes no prejudice, and found no prejudice in permitting the amendment and joinder, which would aid determination of the issues at trial. The application dated December 6, 2024 was granted as prayed. The judgment was delivered virtually in Malindi on May 29, 2025.
Key legal issues
#01
Whether leave should issue to amend the defence, add a counterclaim and join new parties
Holding
Application granted; no prejudice would be suffered by the Plaintiff and the amendments will aid determination of the issues at trial.
Reasoning
The court applied the amendment rule permitting amendment at any stage. It found that the Defendant's possession of the suit property since 2010 is corroborated by the Plaintiff and by a letter from the National Land Commission Coordinator, so the joined parties must be questioned on the circumstances of the allocation to the Plaintiff. Allowing the amendment and joinder assists a full hearing on the merits without prejudice to the opposing party.
p. 2
Legal principles established
#- The court may allow a party to amend pleadings at any stage of the proceedings, on such terms as may be just.
- Leave to amend should be granted where the application is made in good faith and causes no prejudice to the opposing party.
Court orders
#- 1.The application dated December 6, 2024 is allowed as prayed - leave granted to the Defendant to amend the defence, introduce a counterclaim and join the Chief Land Registrar, Kilifi and the National Land Commission as parties
- Jurisdiction invoked
- Inherent discretion under the Civil Procedure Rules, Order 1 rules 9 and 10 and Order 24, and the court's power to allow amendment of pleadings at any stage
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Salim v Ibrahim (Land Case E026 of 2023) [2025] KEELC 4177 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4177/eng@2025-05-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.