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ANWAR MAHENDRA PANDYA
V.
BUSINESS FORMS AND SYSTEMS LTD & 3 OTHERS

(2017) JELR 106030 (CA)

Court of Appeal 12 May 2017 Kenya
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Case Details

Suit Number:Civil Appeal 65 of 2014
Judges:Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti
Location:Nairobi
Other Citations:Anwar Mahendra Pandya v. Business Forms and Systems Ltd & 3 others [2017] eKLR

JUDGMENT OF THE COURT

By a ruling dated 10th December 2013 and the subject of this appeal, the High Court (Havelock, J.) dismissed with costs an application by the appellant, Anwar Mahendra Pandya, seeking to substitute the 2nd respondent, Aloiwiya Mahendra Pandya (deceased) with the administrators of her estate and for leave to amend the plaint. The learned judge found that the suit in which the application was made had already been compromised before the death of the deceased and that the amendments proposed by the appellant would fundamentally change the character of the dispute to the prejudice and detriment of the respondents. Those are the findings that the appellant is challenging in this appeal, contending that the learned judge misapprehended the principles for substitution of parties and amendment of pleadings.

The appeal arises from a dispute in a family business in High Court Civil Suit No. 717, which the appellant filed on 29th September 2009 against the 1st respondent, Bus…

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