Bajaber Ltd & another v Chief Land Registrar & others (Environment and Land Case E328 of 2016) [2026] KEELC 3967 (KLR)
The bottom line
#Kenya's Environment and Land Court allowed a late defence amendment in a land dispute, confirming courts freely allow pleadings changes before judgment unless injustice results.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the second defendant should be granted leave to amend its statement of defence dated 17th March 2017
- 2.Whether the application was brought after inordinate delay and would prejudice a fair trial
- 3.Whether the proposed amendments contradict the original defence or offend the orders in the Judicial Review application
Key legal issues
#Whether leave to amend the defence should be granted at this stage of the suit
Leave granted; hearing had not begun so minimal prejudice would be occasioned.
The court applied the settled principles in Eastern Bakery v Castellino and J.C. Patel v D. Joshi that amendments are freely allowed before judgment unless there is inordinate, inexcusable delay or injustice that costs cannot cure. It found the only crucial additions were the findings of the second defendant's investigation, which may amount to relevant evidence, and that since hearing of evidence had not begun, minimal inconvenience or prejudice would arise.
Whether the proposed amendments contradict the original defence and are barred by the Judicial Review orders
No contradiction found; relevance is a matter for trial and the documents can be assessed against the Judicial Review orders at the hearing.
The court held that the findings of the investigation conducted by the second defendant in the course of its duties as a constitutional Commission may amount to relevant evidence at the hearing. Evidence of the previous Judicial Review litigation and its impact may also feature at trial, and it is for the trial court to assess which evidence is relevant under the rules of evidence.
Legal principles established
#- Amendments to pleadings sought before the hearing should be freely allowed if they can be made without injustice to the other side, and there is no injustice if the other party can be compensated by costs.
- Even a late or careless amendment should be allowed if it can be made without injustice to the other side.
- Amendment of pleadings can be made any time before judgment, subject to inordinate and inexcusable delay or prejudice to a fair trial.
Court orders
#- 1.The application dated 17th February 2026 is allowed
- 2.The second defendant to file its amended defence within 7 days from the date of the order
- 3.The second defendant to serve the amended defence upon all parties within 7 days of filing
- 4.All parties who may need to respond to the amendments to amend their pleadings accordingly within 14 days of service
- 5.Matter to be mentioned on 30th September 2026 for pretrials
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- not_stated (Environment and Land Court, Civil Procedure Act/Rules amendment jurisdiction)
Quotable passages
#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 upshot of the foregoing is that this Court finds that the application dated 17th February 2026 has merit and the same is allowed. The second defendant shall file its amended defence within 7 days from the date of this order and serve it upon all the parties within 7 days of filing.
Amendment of pleadings can be made any time before judgment, and they are usually freely allowed unless the application for leave to amend is being made after inordinate and inexcusable delay or they would prejudice a fair trial.
however negligent or careless may have been the first omission and however late the proposed amendment, the amendment should be allowed if it can be made without injustice to the other side.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bajaber Ltd & another v Chief Land Registrar & others (Environment and Land Case E328 of 2016) [2026] KEELC 3967 (KLR)", Case Analysis (2026). MLDELC NO. 328 OF 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3967/eng@2026-06-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.