Case ID:167487

Jahangir Alaudin Chanandin v Anju Chanandin & 5 others [2020] eKLR

Case Metadata

Case Number:

Civil Appeal Application 449 of 2018

Parties:

Jahangir Alaudin Chanandin v Anju Chanandin, Dilip Kumar Partel, Piyush Kumar Patel, Chayaben Patel, Lacheka Lubricants Limited & Femida Alaudin Chananadin

Date Delivered:

04 Dec 2020

Case Class:

Civil

Court:

Court of Appeal at Nairobi

Case Action:

Ruling

Judge(s):

Sankale ole Kantai

Citation:

Jahangir Alaudin Chanandin v Anju Chanandin & 5 others [2020] eKLR

Case History:

(Being an application to amend the Appellant’s Memorandum of Appeal from the Judgment of the High Court of Kenya at Nairobi (L. Kimaru, J.) dated 9th February, 2017 in H.C.C.C. No. 29 of 2005 (O.S.)

Court Division:

Civil

County:

Nairobi

History Docket No:

Civil Case 29 of 2005

History Judges:

Luka Kiprotich Kimaru

History County:

Nairobi

Case Outcome:

Application allowed.

Disclaimer:

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 COURT OF APPEAL

AT NAIROBI

(CORAM: KANTAI, JA.)

CIVIL APPEAL (APPLICATION) NO. 449 OF 2018

BETWEEN

JAHANGIR ALAUDIN CHANANDIN.............................................APPELLANT

AND

ANJU CHANANDIN.................................................................1

ST

RESPONDENT

DILIP KUMAR PARTEL.........................................................2

ND

RESPONDENT

PIYUSH KUMAR PATEL........................................................3

RD

RESPONDENT

CHAYABEN PATEL..................................................................4

TH

RESPONDENT

LACHEKA LUBRICANTS LIMITED....................................5

TH

RESPONDENT

FEMIDA ALAUDIN CHANANADIN......................................6

TH

RESPONDENT

(Being an application to amend the Appellant’s Memorandum of Appeal from the Judgment of the High Court of Kenya at Nairobi (L. Kimaru, J.) dated 9

th

February, 2017

in

H.C.C.C. No. 29 of 2005 (O.S.)

*******************

******

RULING

I am asked in the Motion dated 30th December, 2019 brought under

rules

42, 43 and 104

of the

Rules of this Court

to grant leave to the applicant to rely on grounds of appeal set out in a proposed Amended Memorandum of Appeal instead of the grounds contained in the Memorandum of Appeal dated 6th December, 2018. If I grant that prayer, I am asked to order that the proposed

Amended Memorandum of Appeal be deemed as duly filed and served on the respondents. In grounds in support of the Motion and in a supporting affidavit of

Jahangir Alaudin Chanandin

, a shareholder and director of

Lacheka

Lubricants Limited

it is said amongst other things that in the course of preparing for the appeal the applicant has discovered that all the real grounds of appeal that the applicant is entitled to rely on are not included in the Memorandum of Appeal dated 6th December, 2018 and that it is the practice of this Court to allow amendment of pleadings if no injustice is occasioned to the other side.

I have not seen any replying affidavit to the Motion.

I have perused the draft Amended Memorandum of Appeal attached to the Motion. Various additional grounds of appeal are set out proposed to be argued in the appeal. The applicant states that in the course of preparing for hearing of the appeal it was found that not all grounds of appeal had been set out in Memorandum of Appeal and the applicant should be allowed to introduce other grounds. I can see no prejudice that would be occasioned to the respondents if this is done and in the premises I allow the prayer to amend Memorandum of Appeal to include the proposed grounds of appeal. Let the applicant file an amended Memorandum of Appeal within 14 days of today and serve the respondents in accordance with the rules of this Court. I make no order as to costs.

Dated and delivered at Nairobi this 4

th

day of December, 2020.

S. ole KANTAI

....................................

JUDGE OF APPEAL

I certify that this is a true

copy of the original

Signed

DEPUTY REGISTRR