KENYA COMMERCIAL BANK LIMITED & ELIZABETH NYAMBURA GICHARU T/A MARLENE AUCTIONEERS V. NAFTALI RUTHI KINYUA, PETER MWANGI MBUTHIA & OSMAN ABDI ALIAS SAMOW EDIN OSMAN

JUDGMENT OF THE COURT

The respondents as plaintiffs filed suit against the appellants by a Plaint dated 28^th March 20003. The Plaint was amended on 2^nd July 2003; it was further amended on 5^th December 2003. On 12^th July 2004, the respondents filed a Chamber Summons application dated 8^th July 2004 at the High Court seeking leave to re-amend the further amended Plaint and to join one Daniel Nyangoma as defendant in the suit. A draft re-amended further amended Plaint was annexed to the application. Before the High Court, the respondents as plaintiffs were represented by learned counsel Mr. Langi while the appellants/defendants were represented by learned counsel Mr. John Kamunyori.

The respondents’ Chamber Summons application to further re-amend the Plaint was opposed by the appellants herein. The replying affidavit dated 19th July 2004 was deposed by Mr. John Kirk Nyaga Kamunyori who was and is counsel on record for the appellants. The replying affidavit contains the following paragraphs…