Price Investments Limited v Kenya Airports Authority & 3 others (Environment and Land Case 98 of 2019) [2025] KEELC 6773 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the applicants met the standard for leave to amend pleadings
Yes. The amendments arise from the same set of facts concerning ownership, acquisition and alienation of the suit land, do not introduce a new or inconsistent cause of action, and any prejudice is compensable by costs.
Applying Order 8 Rules 3(1) and 5(1) and the principles in Eastern Bakery, St Patrick's Hill School and Central Bank of Kenya v Trust Bank, the court found the delay explained by the need to obtain certified copies of official records; the explanation was unchallenged. The proposed amendments clarify substantive issues touching the root of the dispute without changing the character of the case, so leave was warranted.
Whether leave could be granted to file a Further List of Documents and witnesses
Yes. The explanation for the delay was sufficient and reasonable, and the plaintiff would have an equal opportunity to respond since the case is yet to be set down for hearing.
Some documents date back to 1993, so retrieving certified copies from the Ministry of Lands and other departments would naturally take considerable time. As the suit is not yet set for hearing, the plaintiff suffers no incurable prejudice and may file rebuttal documents if they so wish.
Who shall bear the costs of the applications
The Applicants were awarded the costs as against themselves, i.e. they were to bear the costs of their own applications.
While costs generally follow the event, the court found it suitable, given the nature of the applications, to make the successful applicants bear the costs themselves.
Legal principles established
#- Amendments will be permitted where they aid in the just determination of the real issues in dispute without causing prejudice
- Amendments sought before hearing should be freely allowed if they can be made without injustice to the other side, which can be compensated by costs
- However late an amendment is sought, it should be allowed if made in good faith provided costs can compensate the other side
Court orders
#- 1.Leave granted to the 1st, 2nd and 4th Defendants/Applicants to file and serve a Further List of Documents and Witnesses within 5 days from the date of the ruling
- 2.Leave granted to the 1st, 2nd and 4th Defendants to file and serve a Further Amended Defence within 5 days from the date of the ruling
- 3.Corresponding leave issued to the Plaintiff/Respondent to file a response to the Further Amended Defence within 5 days of service
- 4.The 1st, 2nd and 4th Defendants/Applicants to bear the costs of the applications
- Jurisdiction invoked
- Order 8 Rules 3(1) and 5(1) of the Civil Procedure Rules (inherent case-management jurisdiction over amendment of pleadings and further documents in a land dispute, ELC Act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Price Investments Limited v Kenya Airports Authority & 3 others (Environment and Land Case 98 of 2019) [2025] KEELC 6773 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6773/eng@2025-10-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.