Kazi Services Limited v Poshama Abisab Investment Ltd

Kazi Services Ltd v Poshama Abisab Investment Ltd (Civil Appeal E1224 of 2023) [2026] KEHC 6050 (KLR) (Civ) (7 May 2026) (Ruling) Neutral citation: [2026] KEHC 6050 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL CIVIL APPEAL E1224 OF 2023 LP KASSAN, J MAY 7, 2026 BETWEEN KAZI SERVICES LIMITED .................................................................... APPELLANT AND POSHAMA ABISAB INVESTMENT LTD ........................................ RESPONDENT RULING 1. The Applicant in this matter sought to amend the memorandum of appeal so as to include the issue of interests. This application was filed one year after the original memorandum of appeal was filed and it has been opposed. One of the key issue for consideration before the Court can decide as to whether to allow an amendment of a memorandum of appeal or not, is prejudice. How will the parties be prejudiced if the issue of interests forms part of this appeal? I do not see how this can happen. The issue forms part of the decision that the lower Court reached and not from anywhere else. The delay of one year may be long but for the sake of justice especially now that I have said that there is no prejudice to any party, it is better that interest be considered in this appeal. 2. The conclusion of the above is that the application is allowed and since the issue was not in the first memorandum of appeal, the Applicant will pay costs. DATED DELIVERED VIRTUALLY AND SIGNED ON THIS 7TH DAY OF MAY 2026. L. P. KASSAN JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6050/eng@2026-05-07 1