Boniface Njiru t/a Njini Boniface & Co Advocates v Isaac Mwangi Wainaina [2020] eKLR Case Summary

Court
Court of Appeal at Nairobi
Category
Civil
Judge(s)
R. N. Nambuye, J.A
Judgment Date
October 09, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the key details and implications of the Boniface Njiru t/a Njini Boniface & Co Advocates v Isaac Mwangi Wainaina [2020] eKLR case. A comprehensive summary for legal professionals and students alike.

Case Brief: Boniface Njiru t/a Njini Boniface & Co Advocates v Isaac Mwangi Wainaina [2020] eKLR

1. Case Information:
- Name of the Case: Boniface Njiru t/a Njiru Boniface & Co. Advocates v. Isaac Mwangi Wainaina
- Case Number: Civil Appeal (Application) No. 229 of 2015
- Court: Court of Appeal at Nairobi
- Date Delivered: 9th October 2020
- Category of Law: Civil
- Judge(s): R. N. Nambuye, J.A
- Country: Kenya

2. Questions Presented:
The court must resolve whether the applicant, Boniface Njiru, should be granted leave to amend the memorandum of appeal to add further grounds and include a supplementary record of appeal that encompasses the decree issued by the High Court and subsequent proceedings.

3. Facts of the Case:
The applicant, Boniface Njiru, trading as Njiru Boniface & Co. Advocates, initiated this appeal against the respondent, Isaac Mwangi Wainaina. The appeal stems from a ruling of the High Court of Kenya delivered on 30th July 2015 in Milimani HCCC No. 202 of 2013. The applicant seeks to amend the memorandum of appeal to incorporate two additional grounds and include the decree from the High Court's judgment as well as further proceedings related to that judgment.

4. Procedural History:
The applicant filed a Notice of Motion on 18th December 2019, seeking the court's permission to amend the existing memorandum of appeal. The application was unopposed, as the respondent did not file a replying affidavit despite being served. The court considered the principles guiding the amendment of appeals and the necessity of including relevant documents in the record of appeal.

5. Analysis:
- Rules: The court referenced Rules 44(1) and (2), 88, and 92 of the Court’s Rules, which govern amendments to appeals and the inclusion of supplementary records.
- Case Law: The court cited relevant precedents such as *Uhuru Highway Development Limited v. Central Bank of Kenya & 7 Others* [2002] eKLR, *John Gakuo & Another v. County Government of Nairobi & Another* [2017] eKLR, and *Governor’s Balloon Safaris Limited v. Skyship Company Limited & Another* [2018] eKLR. These cases established the principles for granting leave to amend appeals and the need for the courts to allow such amendments when they do not prejudice the other party.
- Application: The court concluded that the applicant's unopposed motion met the criteria for granting relief under the cited rules. The absence of opposition from the respondent further supported the applicant's request. Consequently, the court allowed the applicant to amend the memorandum of appeal and directed the filing of the supplementary record of appeal within fifteen days.

6. Conclusion:
The court ruled in favor of the applicant, allowing the amendments to the memorandum of appeal and the inclusion of the supplementary record. This decision underscores the court's willingness to facilitate the proper administration of justice by permitting amendments that enhance the clarity and completeness of appeals.

7. Dissent:
There were no dissenting opinions noted in this ruling, as the decision was made unanimously in favor of the applicant.

8. Summary:
The Court of Appeal at Nairobi granted Boniface Njiru's application to amend his appeal against Isaac Mwangi Wainaina, allowing the inclusion of additional grounds and the supplementary record of appeal. This ruling emphasizes the court's commitment to ensuring that appeals are comprehensive and just, reflecting the principles of fairness in legal proceedings.

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