Affidavit in Support of Amendment of Plaint in Kenya by wansom.ai

An Affidavit in Support of Amendment of Plaint is a formal sworn statement used in Kenya when a plaintiff seeks the court’s permission to amend an already-filed plaint. This affidavit is jurisdiction-specific to Kenya and is prepared under the Civil Procedure Act and Order 8 of the Civil Procedure Rules, 2010, which govern the amendment of pleadings in civil suits. It is a mandatory supporting document whenever the amendment is not made as of right and the court’s leave is required.

This affidavit is intended for plaintiffs, litigants, company representatives, and advocates who need to explain to the court why an amendment to the plaint is necessary. Amendments are typically sought to correct errors in names, add parties, introduce additional facts, modify reliefs sought, or address newly discovered information that was not available at the time of filing the original plaint. The affidavit provides the factual basis upon which the court should exercise its discretion to allow the amendment.

A well-drafted Affidavit for Amendment of Plaint sets out the deponent’s identity, references the original plaint, lists the specific paragraphs requiring amendment, and explains the reasons for the proposed changes. It also confirms that the amendment is made in good faith, will not prejudice the defendant, and is essential for the court to determine the real issues in controversy. Courts in Kenya generally favour amendments that promote substantive justice, provided they do not introduce a completely new cause of action or unfairly disadvantage the opposing party.

The affidavit must be sworn before a Commissioner for Oaths or Magistrate, making it legally binding. This document is crucial in ensuring that pleadings remain accurate, complete, and aligned with the facts, thereby enabling fair and just adjudication of civil disputes within Kenya’s legal system.