|Civil Case 126 of 2000
|JOTHAM ANDANJE ANDAI v CHARLES ELIUBA OKUTA
|14 Apr 2011
|High Court at Kakamega
|JOTHAM ANDANJE ANDAI v CHARLES ELIUBA OKUTA  eKLR
|The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information
IN THE HIGH COURT OF KENYA
CIVIL CASE NO. 126 OF 2000
2. In a brief and concise Replying Affidavit sworn on 28.6.2010, the Defendant/Respondent, Charles Eliuba Okute, depones that the Application is defective, is devoid of merit and was brought late (after 9 years) and should be dismissed with costs.
“However negligent or careless may have been the first commission, and however late the proposed amendment, the amendment should be allowed if it can be done without prejudice to the other side. There is no injustice if the other side can be compensated by costs.”
5. I wholly agree and in the matter before me, the Plaintiff/Applicant has made the point in the Plaint filed on 10.7.2000 that he is the registered proprietor of land parcel No. Butsotso/Ingotse/1891 and that the Defendant/Respondent is a trespasser therein. The proposed amendment does not in any way add any new cause of action neither does it in any way prejudice the Respondent.
7. Costs shall be paid to the Defendant in any event.
8. Orders accordingly.
J U D G E