JUDGMENT OF THE COURT
1. This is an appeal from a judgment of the High Court (Azangalala, J. (as he then was)) delivered on 27th July 2011, dismissing an appeal by the appellants from a ruling of a magistrate’s court given on 31st October 2006 dismissing an application for leave to amend a statement of defence and counterclaim.
2. The appellants’ complaints as captured in the memorandum of appeal are that both lower courts fell into error in disallowing the proposed amendments; that in light of Article 159 of the Constitution of Kenya, 2010 and Sections 1A and 1B of the Civil Procedure Act the proposed amendments ought to have been allowed; that to the extent that the proposed amendments were aimed at correcting mistakes of counsel, the lower courts should have approached the matter from the premise that mistakes of an advocate should not be visited on a client; and that the decision dismissing the motion for amendment was plainly wrong, was based on a misapprehension of the circumstanc…