Mohamud Iltarakwa Kochale & Others v. Lake Turkana Wind Power Ltd & Others Case Summary

Court
Environment and Land Court at Meru
Category
Civil
Judge(s)
J G Kemei, P M Njoroge, Y M Angima
Judgment Date
October 06, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the key insights and outcomes of the Mohamud Iltarakwa Kochale & Others v. Lake Turkana Wind Power Ltd case, highlighting legal implications and impacts on local communities.

Case Brief: Mohamud Iltarakwa Kochale & Others v. Lake Turkana Wind Power Ltd & Others

1. Case Information:
- Name of the Case: Mohamud Iltarakwa Kochale & Others v. Lake Turkana Wind Power Ltd & Others
- Case Number: ELC Case No. 163 of 2014
- Court: Environment and Land Court at Meru
- Date Delivered: October 6, 2020
- Category of Law: Civil
- Judge(s): J G Kemei, P M Njoroge, Y M Angima
- Country: Kenya

2. Questions Presented:
The central legal issue in this case revolves around whether the Plaintiffs should be granted leave to amend the description of a suit property in their plaint, specifically changing the property description from LR 28031 to LR 28031/1, and whether the Defendants and Interested Parties would suffer prejudice from such an amendment.

3. Facts of the Case:
The Plaintiffs, representing the residents of Laisamis Constituency and Karare Ward in Marsabit County, initiated the suit against Lake Turkana Wind Power Ltd and several other parties, including the Marsabit County Government and the Attorney General. The Plaintiffs sought to amend their plaint to correct a clerical error in the description of one of the suit properties. The Defendants and Interested Parties opposed the application, arguing that it was made too late in the proceedings and that the delay of six years would cause them significant prejudice.

4. Procedural History:
The case progressed through the Environment and Land Court, where the Plaintiffs filed an application to amend the plaint on October 14, 2014. The Defendants and Interested Parties, except for the 2nd Defendant, opposed the amendment, citing undue delay and potential prejudice. The court considered various legal precedents and the material facts presented by both parties before making its ruling on the application for amendment.

5. Analysis:
- Rules: The court referenced Order 8 Rule 5 of the Civil Procedure Rules, which allows for amendments if necessary to determine the real issues in controversy. It also cited the principle from *Eastern Bakery v. Castelino (1958) EA 461* that amendments should be freely allowed unless they cause prejudice to other parties.

- Case Law: The court examined previous cases, notably *Uchumi Supermarkets & Anor v. Sidhi Investments Limited (2018) EKLR*, which denied an amendment due to unexplained delay, and *Central Kenya Ltd v. Trust Bank & 5 others (2000) EKLR*, which established that mere delay is insufficient to deny an amendment unless it causes prejudice beyond compensation in costs.

- Application: The court found that the misdescription of the property was a clerical error that did not mislead the parties involved. It noted that all pleadings and evidence referred to the correct property descriptions, and no party demonstrated that they would suffer undue prejudice if the amendment were allowed. Thus, the court granted the application for amendment.

6. Conclusion:
The court ruled in favor of the Plaintiffs, allowing the amendment to the plaint. The decision underscores the principle that amendments should be permitted to ensure justice and clarity in legal proceedings, particularly when no party would suffer significant prejudice.

7. Dissent:
There were no dissenting opinions noted in this case, as the ruling was unanimous among the judges.

8. Summary:
The Environment and Land Court of Kenya allowed the Plaintiffs' application to amend the property description in their suit against Lake Turkana Wind Power Ltd and others. This case highlights the court's commitment to ensuring that technical errors do not impede the pursuit of justice, particularly when such errors do not mislead the parties involved or cause them undue prejudice. The ruling serves as a precedent for future cases involving amendments to pleadings in civil suits.

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