[2000] KEHC 147 (KLR)
The court held that Order XXXVII Rule 1 of the Civil Procedure Rules empowers it to stay related suits where multiple plaintiffs could be joined as co-plaintiffs and the issues to be tried are similar. The present application falls within the scope of this provision, as there are several plaintiffs with claims...
Source-derived case information.
- Citation
- [2000] KEHC 147 (KLR)
- Parties
- Plaintiff: Caroline Apondi Ojwang; Defendant: Nebco (K) Limited (Kisii Express & Another); Respondent: 3rd Party
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 870 of 1997
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application for Stay of Proceedings
- Outcome
- application allowed
- Legal Topics
- Stay of Proceedings, Joinder of Parties, Test Case Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caroline Apondi Ojwang
Plaintiff
Nebco (K) Limited (Kisii Express & Another)
Defendant
3rd Party
Respondent
Procedural Posture
Civil Case / Ruling on Interlocutory Application for Stay of Proceedings
Legal Issues
- 1 Whether the court can stay other related suits pending the determination of the present suit as a test case.
- 2 Whether Order XXXVII Rule 1 of the Civil Procedure Rules permits such a stay where multiple plaintiffs could be joined as co-plaintiffs.
- 3 Whether the stay order can affect a third party not yet joined to the proceedings.
Ratio Decidendi
The court held that Order XXXVII Rule 1 of the Civil Procedure Rules empowers it to stay related suits where multiple plaintiffs could be joined as co-plaintiffs and the issues to be tried are similar. The present application falls within the scope of this provision, as there are several plaintiffs with claims arising from the same accident. The applicant is within her rights to seek a stay, and the third party, if aggrieved or interested, may apply to be joined to the proceedings. The objection that the rules do not provide for such an order affecting a third party is unfounded, as the rules contemplate the possibility of joinder. Accordingly, the application for stay is allowed.
Court Disposition
application allowed
Orders
- The cases listed in the Notice of Motion under paragraph 3 are stayed until the determination of Civil Case No. 870 of 1997, which shall be a test case for the others.
- Costs shall be in the course.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL CASE NO. 870 OF 1997
CAROLINE APONDI OJWANG………………………………………PLAINTIFF -VERSUS- NEBCO (K) LIMITED (KISII EXPRESS & ANOTHER…………….DEFENDANT
RULING
The applicant is asking for an Order that the cases listed in the Notice of Motion under paragraph 3 be stayed until the determination of the suit No. 870 of 1997 which shall be a test case for the others.
The grounds in support of the application are that there are other many suits arising out of one accidents which are pending in other courts and that granting of the orders sought will reduce the expenses of the litigation.
Mr. Githinji for the 3rd party objects to the application on the grounds that there is no provision in the Civil Procedure Rules for making such an Order which would affect a 3rd Party.
This application is made under Order XXXVII Rule 1 of the Civil Procedure Rules which provides that where two or more persons have instituted suits against one Defendant and these Plaintiffs could be joined as Co-Plaintiffs then the court can stay the other suits and try one case on the application of any one Party provided that the issues to be tried are similar.
In the present application there are several Plaintiffs who could be joined as Co-Plaintiffs and in my view this falls within the armpits of the Order 38 (1). It will be upon the 3rd Party to apply to be joined if he so wishes but the Applicant is within her rights to make the present application.
The application is therefore allowed.
Costs shall be in course.
Delivered and dated this 28th day of July, 2000.
KASANGA MULWA
JUDGE