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ELCPartially AllowedNot stated in the judgment text supplied

Matuva v Aimi Ma Kilungu Limited & another (Environment and Land Case 63 of 2018) [2026] KEELC 2158 (KLR)

Environment and Land Court
16 April 2026
1,753 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court (Obaga, J) delivered on 16th April 2026 on a Notice of Motion dated 22nd October 2025 in which the 2nd Defendant, Nazima Malik, sought leave to amend her Statement of Defence dated 27th January 2023. She argued the amendments were vital to a fair determination of the case and that the Plaintiff would suffer no prejudice. The Plaintiff opposed through a replying affidavit, contending the application was frivolous, an abuse of process, a delaying tactic, and that issues concerning the 2nd Defendant's joinder and any cause of action against her were res judicata following the court's ruling of 8th May 2025; she alternatively sought thrown away costs of Kshs. 50,000/=. In a further affidavit the Applicant argued natural justice and fair hearing entitled her to the amendment, noting the Plaintiff had twice amended her plaint, and that the 8/5/2025 ruling only found her a necessary party. The court framed a sole issue: whether leave to amend should be granted. Applying Section 100 of the Civil Procedure Act, Order 8 Rule 3(1) of the Civil Procedure Rules, and the principles in Central Kenya Ltd v Trust Bank Ltd and Muleya v COMESA, the court held the proposed amendments merely amplified and elaborated the existing defence - that the 2nd Defendant was a stranger to the transactions between the Plaintiff and the 1st Defendant and the suit property was never transferred to her - without altering the substance of the defence. The Plaintiff demonstrated no prejudice. The application was allowed and the Applicant directed to amend the defence within 14 days. No costs order was made.

Questions the Court framed

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

  1. 1.Whether the 2nd Defendant ought to be granted leave to amend her statement of defence dated 27th January, 2023

Key legal issues

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01

Whether leave to amend the 2nd Defendant's statement of defence should be granted

Holding

The application was allowed; the proposed amendments merely amplified and clarified the existing defence that the 2nd Defendant was a stranger to the transactions between the Plaintiff and the 1st Defendant, and no prejudice was demonstrated

Reasoning

The court applied Section 100 of the Civil Procedure Act and Order 8 Rule 3(1) of the Civil Procedure Rules, and the principles in Central Kenya Ltd v Trust Bank Ltd: amendments should be freely allowed at any stage provided there is no undue delay, no new or inconsistent cause of action, no vested interest affected, and no injustice to the other side. The draft amendments elaborated the existing line of defence without altering its substance, and the Plaintiff failed to demonstrate mischief or prejudice.

p. 4
02

Whether the Plaintiff's objection that the application was a delaying tactic and raised res judicata matters should defeat the amendment

Holding

The court did not accept the objection; it found the amendments were necessary for determining the real matters in controversy

Reasoning

The Plaintiff argued that the application was frivolous, an abuse of process, and that issues of wrongful joinder and cause of action were res judicata following the ruling of 8/5/2025. The Applicant responded that the earlier ruling only found her a necessary party and made no determination on cause of action. The court, however, determined the application purely on the amendment principles, holding the amendments would assist it in determining the real matters in controversy.

p. 4

Legal principles established

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  • Amendment of pleadings is a discretionary power that should be freely exercised where it serves the determination of the real issues in controversy and causes no prejudice compensable by costs

Court orders

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  1. 1.Leave granted to the 2nd Defendant/Applicant to amend her Statement of Defence dated 27th January 2023 on the terms set out in the draft annexed to the application
  2. 2.The Applicant shall amend the defence within 14 days

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Section 100 of the Civil Procedure Act and Order 8 Rule 3(1) of the Civil Procedure Rules

Relief refused

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Thrown away costs of Kshs. 50,000/= sought by the Plaintiff in the event the application was allowed

The court allowed the application without awarding thrown away costs; it found the amendments material and not prejudicial

p. 4

Costs

No costs order made; the court simply allowed the application with a 14-day timeline for amendment

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.

The proposed amendments are material to the suit in that they bring out clarity in the 2nd Defendant’s line of defence. Accordingly, the instant application is merited and is allowed. The Applicant shall amend the defence within 14days. It is so ordered.
p. 4Final orders allowing the amendment
an amendment to a party’s pleadings will be allowed if the amendment seeks only to amplify, elaborate, particularize or elucidate on a matter that is already contained in the pleading that is sought to be amended
p. 4Test for permissible amendments (Muleya v COMESA)
all amendments should be freely allowed at any stage of the proceedings, provided that the amendment or joinder did not result in prejudice or injustice to the other party that could not be properly compensated for in costs
p. 3General principle on amendments (Central Kenya Ltd v Trust Bank Ltd)

Issues in the judgment

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minor

The judgment text does not state the case title, case number, neutral citation, or court station, so these fields could not be populated from the judgment itself

minor

The judgment is styled a ruling on a motion but the closing passage reads 'RULING DATED, SIGNED AND DELIVERED'; it is not a full first-instance judgment deciding the suit

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, "Matuva v Aimi Ma Kilungu Limited & another (Environment and Land Case 63 of 2018) [2026] KEELC 2158 (KLR)", Case Analysis (2026). Not stated in the judgment text supplied. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2158/eng@2026-04-16

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