1. Abdulgader Shariff Saleh 2. Jarmal Swaleh T/A Jingo Tours & Safaris v 1. Southern Credit Banking Corporate Ltd 2. Kevin Karanja T/A Dalali Traders Johnstone Muli T/A Kithemu Auctioneers 3. Lofta Resort Diani Limited

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL CASE NO. 245 OF 2010 Consolidated with CIVIL CASE NO. 165 OF 2010 1. ABDULGADER SHARIFF SALEH 2. JARMAL SWALEH T/A JINGO TOURS & SAFARIS.....................................PLAINTIFFS VERSUS 1. SOUTHERN CREDIT BANKING CORPORATE LTD 2. KEVIN KARANJA T/A DALALI TRADERS JOHNSTONE MULI T/A KITHEMU AUCTIONEERS 3. LOFTA RESORT DIANI LIMITED...................DEFENDANTS RULING 1. The principle the court applies when asked to consider an application for leave to amend a pleading are now well settled. The discretion is wide and unfettered intended, to facilitate the court to receive all the material parties intend to place before the court so that the dispute is dealt with fully and effectively. In Stephen Boro Githua vs Family Finance Building Society & Others [2015] eKLR. The Court of Appeal said:“…..We reiterate that where the intended amendments are geared to place full and clear case before the court so that it is effectively and finally determined on its merits, it ought to be allowed for that is the way justice is done”. 2. In so far as this matter is concerned, there have been previous court orders allowing amendments and even though the matter had been fixed for hearing before the plaintiff came up with the application to amend, those are not any fetters to the wide discretion given to court to enable it do justice. 3. Having listened to the parties and in particular, Mr. Wafula Advocate for the defendant, nothing came out as to be able to qualify for dissipating an accrued right to that defendant which cannot be compensated by an award of costs. 4. That being my position and nothing that an amendment can be allowed at any time even on appeal, and being aware that the suit is yet to commence by way of production of evidence, I am persuaded that the interests of justice would be better served by allowing the Application on terms that the plaintiff gets time to amend,

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