JUDGMENT
July 13, 1988, Gachuhi JA delivered the following Judgment.
The appellant in his suit filed on April 3, 1987 prayed for (a) a declaration that the decision of the Commissioner depriving the plaintiff of his remission was arbitrary, contrary to the rules of natural justice and the provision of the Laws of Constitution of Kenya and is therefore a nullity; (b) restoration of the plaintiff remission in whole and (c) costs of the action.
The defendant filed a defence which was a bare denial. Later the defendant in the course of hearing of the suit applied for an adjournment to enable him to apply for leave to amend the defence with a further prayer that the plaintiff may have liberty to amend his plaint. The order for amending the defence was granted. The plaintiff was granted leave to file an amended reply. From the record, it does not appear that the plaintiff pressed for leave to amend the plaint in the light of the amended defence.
The amended defence was more elaborate. In fact t…