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Kanwal Sarjit Singh Dhiman v. Keshavji Jivraj Shah

(2010) JELR 100255 (CA)

Court of Appeal  •  Civil Application 58 of 2009  •  16 Jul 2010  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki

Judgement

RULING OF THE COURT

There is a motion before us brought under rule 44 (1) of the rules of this Court seeking leave to amend the memorandum of appeal dated 28th February, 2007. The memorandum of appeal was filed in Civil Appeal No. 33 of 2007 in which the applicant seeks to challenge an order by the superior court (Kasango, J.) made on 18th December, 2006. The learned Judge rejected an application to review and set aside an ex parte judgment obtained against the applicant in the main suit before that court. The intended amendment seeks to add one more ground of appeal and one more prayer which additions the applicant says were inadvertently omitted.

Rule 44 (1) which is invoked states as follows: -

“44. (1) Whenever formal application is made to the Court for leave to amend any document, the amendment for which leave is sought shall be set out in writing and, if practicable, lodged with the Registrar and served on the respondent before the hearing of the application or, if that is not pra…

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