[2006] KEHC 84 (KLR)

[2006] KEHC 84 (KLR)

The court found that the defendants' application for leave to issue a third party notice met the requirements set out in Order 1 rule 14 of the Civil Procedure Rules. The application was considered ex parte, and the court was satisfied that the claim against the proposed third parties was sufficiently connected to...

Source-derived case information.

Citation
[2006] KEHC 84 (KLR)
Parties
Plaintiff: Abbas Lali Ahmed; Defendant: Luciamo Morini; Defendant: Sergio Alvaro Meda; Defendant: Rossanna Ghiberti; Defendant: Gaetano Della Corte
Court
High Court
Court Station
High Court at Malindi
Jurisdiction
Kenya
Case Number
Civil Case 100 of 2005
Procedural Posture
Civil Case / Ruling on Application for Leave to Issue Third Party Notice
Outcome
Application for leave to issue third party notice granted.
Legal Topics
Third Party Proceedings, Leave to Issue Notice, Order 1 Rule 14, Joinder of Parties
Source Language
en
Civil Procedure Third Party Proceedings Leave to Issue Notice Order 1 Rule 14 Joinder of Parties

Source-derived case record

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Parties

Abbas Lali Ahmed

Plaintiff

Luciamo Morini

Defendant

Sergio Alvaro Meda

Defendant

Rossanna Ghiberti

Defendant

Gaetano Della Corte

Defendant

Procedural Posture

Civil Case / Ruling on Application for Leave to Issue Third Party Notice

Legal Issues

  1. 1 Whether the defendants have satisfied the requirements for leave to issue a third party notice under Order 1 rule 14 of the Civil Procedure Rules.

Ratio Decidendi

The court found that the defendants' application for leave to issue a third party notice met the requirements set out in Order 1 rule 14 of the Civil Procedure Rules. The application was considered ex parte, and the court was satisfied that the claim against the proposed third parties was sufficiently connected to the subject matter of the suit to warrant the issuance of a third party notice. Accordingly, leave was granted for the notice to issue to Violi Federico and Federico Investments Ltd, with the date of the order to be endorsed and served.

Court Disposition

Application for leave to issue third party notice granted.

Orders

  • Leave is granted for third party notice to issue to Violi Federico and Federico Investments Ltd.
  • The date of this order shall be endorsed at the top of the order and served.