Kayser Investment Limited v Bamburi Special Products Limited & 2 others
The bottom line
#Kenya's Court of Appeal let a property investor add forgotten appeal grounds — honest mistakes can be fixed before a hearing if no one is harmed.
What this practically means
#Executive summary
#Key legal issues
#Whether leave to amend a memorandum of appeal should be granted where grounds were omitted through inadvertent drafting error
Leave was granted because the amendments did not introduce new matter but corrected an inadvertent omission, clarified the issues in controversy, and caused no prejudice to the respondents since the appeal had not yet been heard.
The court applied the Eastern Bakery principles that amendments should be freely allowed before hearing if compensable by costs. The applicant explained the omission as inadvertence discovered during compilation of the record. The proposed grounds brought out that the trial Judge dismissed the suit at an interlocutory stage. The appeal was unheard, so no prejudice would befall the respondents.
Whether leave to file a further supplementary record of appeal should accompany the amended memorandum
Leave was granted on the same reasoning, as the supplementary record complements the amended memorandum of appeal.
The court found the second order merited for the same reasons as the amendment, since the further supplementary record of appeal complements the amended memorandum of appeal and no prejudice would be suffered by the respondents.
Legal principles established
#- Amendments to pleadings sought before hearing should be freely allowed if they can be made without injustice to the other side, and there is no injustice if the other side can be compensated by costs.
- The Court of Appeal may grant leave to amend a memorandum of appeal on terms it deems appropriate, and will not refuse an amendment merely because it introduces a new case, provided no injustice or change in the subject matter of the suit results.
Court orders
#- 1.The application dated 10th March, 2026 be and is hereby allowed as prayed
- 2.The applicant should file the amended memorandum of appeal and further supplementary record of appeal shall be filed within twenty-one (21) days from the date hereof and serve within 15 days from the date of filing
- 3.The costs will abide the outcome of the appeal
- On appeal from
- Environment and Land Court
- HCCC 431 and 432 of 2014 (underlying suit); ELC application dismissed
- Jurisdiction invoked
- Rules 16, 46 and 88 of the Court of Appeal Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kayser Investment Limited v Bamburi Special Products Limited & 2 others", Case Analysis (2026). Not stated in the ruling (application dated 10th March, 2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1650/eng@2026-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.