Margaret Soares v Jane Otieno

REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI MILIMANI COMMERCIAL AND ADMIRALTY DIVISION Civil Appeal 275 of 2003 MARGARET SOARES……………………………………….PLAINTIFF VERSUS JANE OTIENO……………………………………………...DEFENDANS RULING Application dated 15/6/2006 brought under Section 3A Civil Procedure Act Cap 21 Section 100. Order 6A, 3, 2, 5, 8 (amended without objection). The orders are to add Afro Haliton Co. Ltd. as a party to this suit. The application is supported by affidavit of Margaret Soares and on ground that there was a bonafide mistake and the additional party is necessary to the determination of the real matter in dispute. The defendant has filed grounds of opposition. I have read the same. The court has power to allow amendments including adding parties to the suit even under Order 1 rule 10. Order 6A also empowers court to allow amendments at any time before judgment. I am convinced that there was error and that the defendant shall not be prejudiced; In the circumstances, I allow application. The plaintiff shall amend the plaint to include the company as a defendant and shall file the same and serve on the new parties who shall proceed to file defence within the next 21 days of service. The defendant is awarded Kshs.5,000/= costs. Adding the new party as defendant and shall serve upon the company who shall enter appearance after 15

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