Scorpion Properties Ltd & another v Mody & 8 others (Environment and Land Case Civil Suit 2156 of 2007 & Civil Suit 1727 of 2002 (Consolidated)) [2024] KEELC 6400 (KLR) (26 September 2024) (Ruling) Neutral citation: [2024] KEELC 6400 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ENVIRONMENT AND LAND CASE CIVIL SUIT 2156 OF 2007 & CIVIL SUIT 1727 OF 2002 (CONSOLIDATED) LN MBUGUA, J SEPTEMBER 26, 2024 BETWEEN SCORPION PROPERTIES LTD ............................................................... PLAINTIFF AND P.I MODY ........................................................................................... 1ST DEFENDANT ROBERT OTACHI ........................................................................... 2ND DEFENDANT THE NATIONAL LAND COMMISSION ..................................... 3RD DEFENDANT THE CHIEF LAND REGISTRAR ................................................. 4TH DEFENDANT THE COUNTY GOVERNMENT OF NAIROBI .......................... 5TH DEFENDANT TONIE LESLIE WESONGA ............................................................ 6TH DEFENDANT AS CONSOLIDATED WITH CIVIL SUIT 1727 OF 2002 BETWEEN KENYA WINE AGENCIES LIMITED ..................................................... PLAINTIFF AND HINA HARJI VARSANI .................................................................. 1ST DEFENDANT VERBAL DHANJI VARSANI ......................................................... 2ND DEFENDANT THE COMMISSIONER OF LANDS .............................................. 3RD DEFENDANT https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6400/eng@2024-09-26 1
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RULING 1. The 6th Defendant in civil suit No. 2156 of 2007 filed the Notice of Motion Application dated 25.6.2024 seeking leave to further amend his amended defence and counterclaim. The application is premised on grounds on its face and on the 6th Defendant’s supporting afidavit sworn on 25.6. 2024 where he avers that he is the registered proprietor of LR No. Block 91/217. He contends that the Attorney General has filed a voluminous bundle of documents and witness statements which have raised salient issues on the procedure and process of acquisition of the suit land. That since the said documents were filed long after he had filed his amended defence and counterclaim, there is need for him to file a further amended defence and counterclaim to include a prayer for compensation for the current value of the said property in case it reverts back to the government. He avers that the said amendments do not introduce a new cause of action and that the Plaintifi will not sufier prejudice. 2. The application is unopposed. 3. The 6th Defendant filed submissions dated 5.8.2024 in which he urges the court to exercise its discretion under Order 8 Rule 3 & 5 of the Civil Procedure Rules and allow the amendments. The case of John Nyagaka Osoro v Reynold Karisa Charo & 5 others [2021] eKLR is relied upon. 4. I have considered the issue raised herein as well as the submissions of the applicant. The provisions of Order 8 Rules 3 and 5 of the Civil Procedure Rules gives this court discretion to allow amendments at any stage of the proceedings in order to bring forth all the issues in dispute. 5. This suit is yet to take ofi. The court has considered that all the parties herein are not opposed to the application, thus the amendments sought will not occasion them prejudice. The court has also considered that the amendments do not introduce new issues. 6. In granting the orders sought, the court is persuaded by the holding of the court in Springbox Kenya Ltd v Daniel Kulanga Nthusa [2015] eKLR where it was stated that; “ It will be suficient to say that amendments to pleadings sought before the hearing should be freely allowed, if they can be made without injustice to the other side.” 7. In the final analysis, the application dated 25.6.2024 is allowed as drawn. However, the further amended defence and counter claim is to be filed and served within 14 days from the date of this ruling. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 26TH DAY OF SEPTEMBER, 2024 THROUGH MICROSOFT TEAMS. LUCY N. MBUGUA JUDGE In the presence of:M/s Kendi holding brief for Okongo Mogeni for plaintifis Githui for 1st Defendant Gitanda for 2nd Defendant A.Kamau for 4th Defendant Nyakoe for 5th Defendant https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6400/eng@2024-09-26 2
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Ayecko for 6th Defendant Court assistant: Joan https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6400/eng@2024-09-26 3
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