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Case Brief · caselaw.co.ke
Court of AppealAllowedCivil Appeal (Application) E863 of 2022

Nyakundi v Kenya Airways Limited

Court of Appeal
19 December 2025
331 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal allowed a litigant to fix omitted grounds in his appeal against Kenya Airways, confirming courts will permit amendments that help decide the real dispute fairly.

What this practically means

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Executive summary

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This is a short interlocutory ruling of the Court of Appeal at Nairobi, delivered by D. K. Musinga, JA (sitting as President), on 19 December 2025 in Civil Appeal (Application) E863 of 2022. The appellant, Daniel Gisiora Nyakundi, moved by notice of motion dated 19 September 2025 for leave to amend his memorandum of appeal filed on 26 December 2022, explaining that some critical grounds of appeal had been inadvertently omitted and that certain grounds required re-drafting for clarity, so as to enable the Court to fully and justly determine the appeal. A draft Amended Memorandum of Appeal was annexed to the supporting affidavit. The application was not opposed by the respondent, Kenya Airways Limited. The appeal itself lies against the judgment and decree of the High Court of Kenya at Nairobi (J. N. Mulwa, J.) dated 1 December 2022 in Civil Appeal No. E061 of 2022. Applying the principle that amendments should be allowed where they facilitate determination of the real controversy and occasion no injustice or prejudice to the other party, the judge was satisfied the proposed amendment met those requirements and granted leave in terms of the draft. The amended memorandum was to be filed and served within seven days, with costs of the application in the appeal. The substantive appeal remains pending; this ruling does not disturb the High Court's decision.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether leave should be granted to amend the memorandum of appeal filed on 26th December 2022

Key legal issues

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01

Leave to amend a memorandum of appeal

Holding

Leave granted where the amendment facilitates just determination of the appeal and the application is unopposed.

Reasoning

The court applied the guiding principle that amendments should be permitted where they facilitate determination of the real controversy and occasion no injustice or prejudice. The application was unopposed, the appellant annexed a draft amended memorandum, and the judge was satisfied the proposed amendment met those requirements.

Legal principles established

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  • Amendments should be allowed where they facilitate determination of the real controversy and cause no injustice or prejudice to the other party.

Court orders

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  1. 1.Leave granted to the appellant to amend the Memorandum of Appeal in terms of the proposed draft
  2. 2.Amended Memorandum of Appeal to be filed and served within 7 days from the date of delivery of the ruling
  3. 3.Costs of the application to be in the appeal

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
High Court of Kenya at Nairobi
Civil Appeal No. E061 of 2022
Jurisdiction invoked
Inherent/appellate jurisdiction of the Court of Appeal over Civil Appeal E863 of 2022 (no specific provision cited in the ruling)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In an application of this nature the guiding principle is that amendments should be allowed if the amendment sought facilitates the determination of the real controversy between parties, if no injustice or prejudice would be occasioned to the other party.
p. 1Principle governing amendments
I hereby grant leave to the appellant to amend his Memorandum of Appeal in terms of the proposed draft as aforesaid. The amended Memorandum of Appeal should be filed and served within 7 days from the date of delivery of this ruling.
p. 1Final orders - leave granted with filing timeline

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Nyakundi v Kenya Airways Limited", Case Analysis (2025). Civil Appeal (Application) E863 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2256/eng@2025-12-19

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.