[2010] KEHC 3774 (KLR)
The court found that the respondent's list of 27 issues sufficiently encapsulated all relevant matters in dispute, including those raised by the applicant. The applicant's list was considered excessive and overlapping. Applying Order XIV of the Civil Procedure Rules, the court exercised its discretion to frame and...
Source-derived case information.
- Citation
- [2010] KEHC 3774 (KLR)
- Parties
- Plaintiff: Aziz Ebrahim; Defendant: Ramzan Ebrahim
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 198 of 1999
- Procedural Posture
- Civil Case / Ruling on Framing of Issues Prior to Trial
- Outcome
- Ruling in favour of adopting the respondent's issues for trial.
- Judges
- A. Ong’injo
- Legal Topics
- Framing of Issues, Pleadings, Pre Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aziz Ebrahim
Plaintiff
Ramzan Ebrahim
Defendant
Procedural Posture
Civil Case / Ruling on Framing of Issues Prior to Trial
Legal Issues
- 1 Whether the court should adopt the issues framed by the applicant or the respondent for trial.
- 2 What is the proper approach to framing issues under Order XIV of the Civil Procedure Rules.
Ratio Decidendi
The court found that the respondent's list of 27 issues sufficiently encapsulated all relevant matters in dispute, including those raised by the applicant. The applicant's list was considered excessive and overlapping. Applying Order XIV of the Civil Procedure Rules, the court exercised its discretion to frame and adopt the issues it deemed necessary for the just determination of the case. The court ruled that the trial would proceed on the basis of the issues as framed by the respondent.
Court Disposition
Ruling in favour of adopting the respondent's issues for trial.
Orders
- The trial will proceed on the basis of the issues as framed by the respondent.
- Further mention scheduled for 8th February, 2010 to fix the hearing date.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Civil Case 198 of 1999
AZIZ EBRAHIM……………...……………………....…. PLAINTIFF
VERSUS
RAMZAN EBRAHIM……….......…………….……… DEFENDANT
R U L I N G
In this case, both parties filed lists of agreed issues. Unfortunately, the parties could not agree on any one of them despite the fact that they have appeared in court on several occasions. From the record, the respondent has filed 27 issues which to him captures his issues and those of the applicant. On the other hand, the applicant has filed 43 issues to be considered by the court. Order XIV of the Civil Procedure Rules states as follows:
“At the hearing of the suit when issues have not already been framed the court shall, after reading the pleadings, if any, and after such examination of the parties or their advocates as may appear necessary, ascertain upon what material propositions of fact or law the parties are at variance, and shall thereupon proceed to frame and record the issues on which the right decision of the case appears to depend.”
This court has carefully considered the submissions by both learned counsels. Apart from the above, I have also considered the above provision of the law. Having done so, I am of the considered opinion that the respondent has framed all the relevant issues that the court should deal with. With due respect to the applicant, the issues that he has framed are too many and also they do overlap. In view of the above, the court will proceed to trial on the basis of the issues as framed by the respondent. Those are the orders of the court.
MUGA APONDI
JUDGE
Ruling read, signed and delivered in open court in the presence of:
Mr. Owino for Gikonyo - Applicant’s Counsel
Mr. Nyaburi for Nagpal - Respondent’s Counsel
MUGA APONDI
JUDGE
22ND JANUARY, 2010
Court:
Further mention on 8th February, 2010 with a view of fixing the hearing date.
MUGA APONDI
JUDGE
22ND JANUARY, 2010