[2024] KEHC 4672 (KLR)
The court held that an appellant cannot introduce a party on appeal who was not involved in the trial or judgment at the lower court. The rationale is that appellate proceedings are confined to parties who participated in the original suit, and the introduction of new parties at the appellate stage is not...
Source-derived case information.
- Citation
- [2024] KEHC 4672 (KLR)
- Parties
- Appellant: Benjamin Kiptoo Boit; Appellant: Milcah Njoki Kimani; Respondent: Nancy Njambi Kiongera t/a Chapters Insuranc Agency; Respondent: Sonador Motors Limited
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case E127 of 2022
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application
- Outcome
- Application allowed; 2nd Respondent struck out; directions given for disposal of appeal.
- Judges
- SM Mohochi
- Legal Topics
- Joinder of Parties, Appeals Process, Striking Out Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Benjamin Kiptoo Boit
Appellant
Milcah Njoki Kimani
Appellant
Nancy Njambi Kiongera t/a Chapters Insuranc Agency
Respondent
Sonador Motors Limited
Respondent
Procedural Posture
Civil Case / Ruling on Interlocutory Application
Legal Issues
- 1 Whether an appellant can introduce a party on appeal who did not participate in the trial and judgment at first instance.
Ratio Decidendi
The court held that an appellant cannot introduce a party on appeal who was not involved in the trial or judgment at the lower court. The rationale is that appellate proceedings are confined to parties who participated in the original suit, and the introduction of new parties at the appellate stage is not permissible under the Civil Procedure Rules. Consequently, the 2nd Respondent, Sonador Motors Limited, was improperly joined and must be struck off as a party to the appeal. The court allowed the application to strike out the 2nd Respondent and gave directions for the disposal of the appeal by way of written submissions.
Court Disposition
Application allowed; 2nd Respondent struck out; directions given for disposal of appeal.
Orders
- The application dated 6th November 2023 is allowed in terms of orders 1 and 2.
- The 2nd Respondent, Sonador Motors Limited, is struck off as a party to the appeal.
Full Case Text
Judgment text and source record
26 paragraphs
Boit & another (Both Suing as Personal Representatives of the Estate of Willy Kipngetich Too Deceased) v Nancy Njambi Kiongera t/a Chapters Insuranc Agency & another (Civil Case E127 of 2022) [2024] KEHC 4672 (KLR) (25 April 2024) (Ruling)
Neutral citation: [2024] KEHC 4672 (KLR)
Republic of Kenya
In the High Court at Nakuru
Civil Case E127 of 2022
SM Mohochi, J
April 25, 2024
Between
Benjamin Kiptoo Boit
1st Appellant
Milcah Njoki Kimani
2nd Appellant
Both Suing as Personal Representatives of the Estate of Willy Kipngetich Too Deceased
and
Nancy Njambi Kiongera t/a Chapters Insuranc Agency
1st Respondent
Sonador Motors Limited
2nd Respondent
Ruling
1. The only sole issue for this Court to consider is whether an Appellant can introduce a party on appeal, which party never participated in the impugned trial and judgment on appeal?
2. The application dated 6th November 2023 is found to be of merit and is allowed in terms of orders 1 and 2. The 2nd Respondent is hereby struck off as a party herein.
3. The Record of Appeal has been prepared and this Court shall thus proceed to give directions on disposal of the appeal.
4. The Appeal is admitted as being ripe for hearing and the same shall be determined by way of written submissions.
5. The Appellant has 14 days to file written submissions and not more than 5 pages.
6. The Respondent has a corresponding 14 days. Mention to confirm compliance and mention to confirm compliance and fix judgment date on 2nd July 2024.
SIGNED, DATED AND DELIVERED AT NAKURU ON THIS 25TH DAY OF APRIL 2024. MOHOCHI S. M.JUDGE