Oyolla v Awange & 2 others (Environment and Land Miscellaneous Application E035 of 2022) [2024] KEELC 1708 (KLR)
The bottom line
#A Kenyan court allowed a plaintiff to amend his claim even after evidence closed, confirming that late amendments are allowed if the other side can be compensated with costs.
What this practically means
#Executive summary
#Key legal issues
#Whether leave to amend the plaint to add a specific relief against the 3rd Defendant introduces a new cause of action
It does not; the claim against the 3rd Defendant is already pleaded in paragraphs 19-22 of the Plaint and was the subject of evidence, so only the specific prayer was omitted.
The court noted the Plaintiff had pleaded averments touching ownership of the suit property and cancellation of the title in favour of the 3rd Defendant, and had affirmed under cross-examination that he had a claim against the 3rd Defendant. Only the specific prayer was omitted. Introducing that prayer does not change the character of the suit; its impact is peripheral because the issues are already before the court.
Whether an amendment sought late, after parties closed their cases, can still be granted
Yes; an application for amendment can be brought at any stage of the proceedings and should be allowed if made in good faith and costs can compensate the other side.
Relying on Order 8 Rule 3 of the Civil Procedure Rules, 2010 and the principles in Elijah Kipng'eno Arap Bii v Kenya Commercial Bank Ltd and Jobling v Firearms Licensing Board, the court held that the power to amend may be exercised at any stage, and lateness alone does not defeat an amendment made in good faith where prejudice is compensable in costs.
Whether the Defendants would suffer prejudice or grave injustice not compensable by costs
No grave injustice or prejudice was discerned; any nominal prejudice is compensable by an award of costs.
The court found the evidence underpinning the intended relief is already on record, so the Defendants need not re-open their cases, and no unreasonable delay would ensue. Any residual prejudice is nominal and can be met by costs, which the court in fact awarded to the Defendants.
Legal principles established
#- An application for amendment of pleadings can be mounted at any time of the proceedings.
- An amendment introducing an additional relief does not introduce a new cause of action where the claim is already pleaded and evidenced.
- Prejudice caused by an amendment can be compensated by an award of costs.
Court orders
#- 1.The Application dated the 14th of February 2024 be and is hereby allowed
- 2.The Plaintiff/Applicant shall proceed to file and serve the amended Plaint within seven (7) days from the date hereof
- 3.Costs of the Application awarded to the Defendants/Respondents, assessed and certified at Kes. 15,000/= payable to the 1st and 2nd Defendants and the 3rd Defendant each respectively
- Jurisdiction invoked
- Order 8 Rule 2 and 3 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Oyolla v Awange & 2 others (Environment and Land Miscellaneous Application E035 of 2022) [2024] KEELC 1708 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1708/eng@2024-04-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.