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Case Brief · caselaw.co.ke
Court of AppealPartially AllowedNot stated in the judgment· [2026] KECA 1057 (KLR)

First Community Bank Limited v Ahmed Dahir Saalat

Court of Appeal of Kenya
29 May 2026
872 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~3 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal allowed Premier Bank to amend its appeal documents to reflect a name change, confirming that rebranding does not disrupt ongoing court cases.

What this practically means

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Executive summary

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This is a ruling of a single judge of the Court of Appeal at Nairobi, delivered by Paul Lilan, JA, on 29th May 2026, on a Notice of Motion dated 4th November 2025 brought under Rules 1(2) and 46 of the Court of Appeal Rules, 2022. The applicant, First Community Bank Limited, sought leave to amend its Notice of Appeal lodged on 17th January 2019 and its Memorandum and Record of Appeal dated 25th October 2019 to reflect its current name, Premier Bank Kenya Limited, following a lawful change of name evidenced by Gazette Notice No. 6797 of 20th April 2023, Central Bank of Kenya approval and a certificate of change of name from the Registrar of Companies. The respondent, though duly served through his advocates on record, filed no response or submissions. The court held that a single judge's discretion to allow amendments is unfettered but must be exercised judiciously, following Eastern Bakery v Castelino and Kendal Sarjit Singh Dhiman v Keshavj Shah: amendments sought before hearing should be freely given where they cause no injustice, with inconvenience compensated by costs. The change of name affects description, not identity; the company's legal personality remains the same, and under section 66(4) of the Companies Act a name change does not affect rights or obligations or render legal proceedings defective. Finding the amendments relevant, necessary, made in good faith and non-prejudicial, the court allowed the application as prayed, with no order as to costs. As an interlocutory decision on leave to amend, the court did not disturb any decision below.

Key legal issues

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01

Whether leave to amend appellate process to reflect a change of the appellant's corporate name should be granted

Holding

Leave was granted; the amendment concerns description, not identity, and is relevant, made in good faith and non-prejudicial.

Reasoning

The applicant lawfully changed its name, evidenced by Gazette Notice No. 6797 of 20th April 2023, Central Bank of Kenya regulatory approval and a certificate of change of name from the Registrar of Companies. The change does not affect legal personality; the same legal person continues with all rights and liabilities intact. Under section 66(4) of the Companies Act, no proceedings become defective. The respondent was served and raised no objection, and no prejudice was demonstrated; any inconvenience is compensable by costs.

p. 2
02

The standard governing amendments before hearing under the Court of Appeal Rules

Holding

Amendments sought before hearing should be freely given where they do not cause injustice, and inconvenience is compensated by costs.

Reasoning

Relying on Eastern Bakery v Castelino and Kendal Sarjit Singh Dhiman v Keshavj Shah, the court applied the settled liberal approach: amendments must be relevant, made in good faith and non-prejudicial to the opposite party. The discretion of a single judge is unfettered but circumscribed by the requirement to act judiciously, with the ends of justice in mind.

p. 2

Legal principles established

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  • A single judge's discretion to grant or deny leave to amend is unfettered but must be exercised judiciously; amendments sought before hearing should be freely given where they do not cause injustice to the opposite party, and inconvenience can be compensated by costs.
  • A change of a company's name does not affect its rights or obligations and does not render defective any legal proceedings by or against it.

Court orders

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  1. 1.Leave granted to the applicant to amend its Notice of Appeal lodged on 17th January 2019 and the Memorandum and Record of Appeal dated 25th October 2019 to reflect its current correct name Premier Bank Kenya Limited
  2. 2.The application dated 4th November 2025 allowed under rule 46 of the Court of Appeal Rules as prayed, with no order as to costs
Jurisdiction invoked
Rules 1(2) and 46 of the Court of Appeal Rules, 2022 (discretion of a single judge to grant leave to amend)

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, "First Community Bank Limited v Ahmed Dahir Saalat", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1057/eng@2026-05-29

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