[2018] KEHC 8595 (KLR)

[2018] KEHC 8595 (KLR)

The court found that the applicants failed to establish the legal status and locus standi of ABC Children’s Aid International, the proposed plaintiff. Without proof that the proposed plaintiff is a juristic person capable of suing or being sued, the court could not grant the order for substitution. The burden was on the applicants to demonstrate that the proposed plaintiff had the requisite legal standing, which they failed to do. Consequently, the application for substitution was dismissed for lack of justification.

Citation
[2018] KEHC 8595 (KLR)
Parties
Plaintiff: Caleb Otieno Ongere; Plaintiff: Sprosa Ananda Ocholi; Plaintiff: Walter Ochieng Obwana; Defendant: Thorunn Helgadottir; Defendant: Samuel Lusiru Gona; Defendant: Fredrick Ramgrhia; Defendant: Elijah Brian Odera; Defendant: Doiline Onkware; Defendant: James Olunya Oduor
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
26 January 2018
Case Number
Civil Suit 240 of 2015
Procedural Posture
Civil Suit / Ruling on Application for Substitution of Plaintiff
Outcome
application dismissed with costs to the respondents
Judges
JK Sergon
Legal Topics
Joinder of Parties, Locus Standi, Substitution of Parties
Source Language
English
Civil Procedure Joinder of Parties Locus Standi Substitution of Parties

Case Brief

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Parties

Caleb Otieno Ongere

Plaintiff

Sprosa Ananda Ocholi

Plaintiff

Walter Ochieng Obwana

Plaintiff

Thorunn Helgadottir

Defendant

Samuel Lusiru Gona

Defendant

Fredrick Ramgrhia

Defendant

Elijah Brian Odera

Defendant

Doiline Onkware

Defendant

James Olunya Oduor

Defendant

Procedural Posture

Civil Suit / Ruling on Application for Substitution of Plaintiff

Legal Issues

  1. 1 Whether ABC Children’s Aid International should be substituted as plaintiff in place of the original plaintiffs.
  2. 2 Whether the proposed plaintiff has locus standi to be enjoined as a party to the suit.

Ratio Decidendi

The court found that the applicants failed to establish the legal status and locus standi of ABC Children’s Aid International, the proposed plaintiff. Without proof that the proposed plaintiff is a juristic person capable of suing or being sued, the court could not grant the order for substitution. The burden was on the applicants to demonstrate that the proposed plaintiff had the requisite legal standing, which they failed to do. Consequently, the application for substitution was dismissed for lack of justification.

Court Disposition

application dismissed with costs to the respondents

Orders

  • The motion dated 16.8.2017 is dismissed with costs to the respondents.