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Stephen Boro Githua v. Family Finance Building Society, George Mwangi Hiuki, Muiban Agencies & Land Registrar, Nairobi

(2015) JELR 94949 (CA)

Court of Appeal  •  Civil Appeal 173 of 2004  •  23 Jan 2015  •  Kenya

John Wycliffe Mwera, William Ouko, Agnes Kalekye Murgor



The appeal about to be determined arose from the ruling in the High Court (Kasango, J.) delivered on 21st June, 2004. Before the learned Judge was an application brought under the old Order VIA r.3(2) of the Civil Procedure Rules and Section 3A of the Civil Procedure Act. The appellant sought leave to amend his plaint, as per the draft annexed to the application and also prayed that the status quo in the case be maintained. In essence, the appellant sought the amendment on the ground that since filing the suit he had discovered from the documents he had since obtained that he borrowed Sh.3.5 million from the 1st respondent, Family Finance Building Society, and not Sh.7.5 million as pleaded. Having presented the reasons to justify the leave sought and after the learned Judge heard the rival arguments, she made reference to the law and several authorities then declined to grant the leave. This appeal seeks a decision that the learned Judge fell into error by not gra…

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