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ELRCPartially AllowedNot stated in the judgment

Okul v Kasbondo Aim Dairy Co-operative Society (Appeal E040 of 2024) [2025] KEELRC 1083 (KLR)

High Court of Kenya
3 April 2025
1,211 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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The High Court in Kisumu confirmed that Kenyan courts can correct a wrong party name even after judgment, but the applicant still paid the appeal costs.

What this practically means

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Executive summary

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This is a first appeal to the High Court at Kisumu against a Magistrate's Ruling of 12th July 2024 which dismissed the Appellant's application dated 14th May 2024 to amend the name of the Respondent from Kabondo Aim Dairy Co-operative Society to Kasbondo Aim Dairy Co-operative Society Limited. The Appellant, who had obtained a judgment against the Respondent in the lower court (where she was the plaintiff and an employee), argued that the amendment corrected a typographical error, that the Respondent had participated throughout under the correct name through M/s Bana & Company Advocates, and that refusal deprived her of the fruits of her judgment; she relied on Section 100 of the Civil Procedure Act, Article 159(2)(d) of the Constitution, and authorities on free allowance of amendments and estoppel by conduct. The Respondent countered that it was a distinct entity that never participated before the Magistrate, that allowing the amendment would condemn an unheard party, that the court had become functus officio after judgment, and that the error was more than an accidental slip under Section 99. The High Court, Nzioki Wa Makau J, allowed the appeal in part. Holding that the power to amend may be exercised at any stage including on appeal, and that this amendment corrected a clerical mistake rather than a mere technicality, the Court allowed the name to be amended to Kasbondo Aim Dairy Co-operative Society Limited. However, it declined costs, directing the Appellant to bear the costs of the appeal. Delivered 3rd April 2025.

Questions the Court framed

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

  1. 1.Whether an amendment to correct the name of a party can be made after judgment, in this case whether the Respondent's name should be amended from Kabondo Aim Dairy Co-operative Society to Kasbondo Aim Dairy Co-operative Society Limited

Key legal issues

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01

Whether a court may allow amendment of a party's name after judgment

Holding

Yes. The power to amend may be exercised at any stage, including on appeal; the amendment sought here corrected a clerical mistake, was not merely technical, and ought to have been allowed since the Respondent had participated in the suit under the correct name.

Reasoning

The court held that amendments are permissible at any stage and allowed where they do not affect the materiality of the matter. The Respondent had entered appearance as Kasbondo Aim Dairy Co-operative Society Limited, participated in the suit and filed this appeal, so it was clearly answering the claim. The failure to correct the name earlier did not change that. The amendment was a correction of a clerical mistake, not useless or technical, and refusing it cost the Appellant her ability to execute the judgment.

p. 3

Legal principles established

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  • The power to amend can be exercised by a court at any stage of the proceedings, including the appeal stage, and an amendment that does not affect the materiality of the matter is generally permitted.
  • An amendment to correct a clerical or typographical error in a party's name is material and ought to be allowed where the party participated in the proceedings under the correct name.

Court orders

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  1. 1.The amendment of the name of the Respondent is allowed, to read Kasbondo Aim Dairy Co-operative Society Limited in substitution for Kabondo Aim Dairy Co-operative
  2. 2.The appeal succeeds to that extent only
  3. 3.The Appellant to bear the costs of this Appeal
  4. 4.It is so ordered

The bench

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

majority

Wrote the judgment

On appeal from
Magistrate's Court
Not stated in the judgment (original suit unspecified; application dated 14th May 2024; Ruling dated 12th July 2024)
Jurisdiction invoked
First appellate jurisdiction over the Magistrate's Court (memorandum of appeal dated 16th August 2024)

Relief refused

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Costs of the appeal and of the application in the lower court awarded to the Appellant

The Court allowed the amendment but declined to award costs to the Appellant, directing her to bear the costs of the appeal

p. 3

Costs

The Appellant will bear the costs of this Appeal (the Appellant did not obtain the costs of the appeal or of the lower court application).

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 Court is of the firm view that the power to amend can be exercised by a court at any stage of the proceedings including the appeal stage. As a general rule the amendment which does not afiect the materiality of the matter at hand is permitted.
p. 3Power to amend at any stage
The Court finds and holds that the proposed amendment was not immaterial or useless or merely a technical one. It was to correct a clerical mistake.
p. 3Nature of the amendment
The Court allows the amendment of the name of the Respondent to read Kasbondo Aim Dairy Co-operative Society Limited which is to substitute the name Kabondo Aim Dairy Co-operative. The Appeal succeeds to this extent. However, the Appellant will bear the costs of this Appeal.
p. 3Final orders / disposition

Issues in the judgment

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minor

The judgment repeatedly renders the letters 'fl' as 'fi' (e.g. 'afiect', 'efiorts', 'functus oficio', 'Plaintifi'), suggesting scanning/OCR errors in the source text.

minor

The case number and neutral citation of this appeal are not stated anywhere in the judgment.

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, "Okul v Kasbondo Aim Dairy Co-operative Society (Appeal E040 of 2024) [2025] KEELRC 1083 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1083/eng@2025-04-03

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