[2004] KEHC 401 (KLR)
The court found that the present suit is not barred by section 5 of the Civil Procedure Act, as no reason was provided for such a bar. Although there may be overlapping issues with HCCC No. 997 of 2004, the causes of action are distinct. Section 6, which allows for a stay of proceedings, was not applicable as no...
Source-derived case information.
- Citation
- [2004] KEHC 401 (KLR)
- Parties
- Plaintiff: Chandaria Industries Ltd; Defendant: Walter Muiruri
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1042 of 2004
- Procedural Posture
- Civil Case / Ruling on Preliminary Objection
- Outcome
- preliminary objection dismissed
- Legal Topics
- Preliminary Objection, Consolidation of Suits, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Chandaria Industries Ltd
Plaintiff
Walter Muiruri
Defendant
Procedural Posture
Civil Case / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the suit offends sections 5 and 6 of the Civil Procedure Act.
- 2 Whether the matters in issue are directly and substantially in issue in a previously instituted suit.
- 3 Whether the suit should be stayed or consolidated.
Ratio Decidendi
The court found that the present suit is not barred by section 5 of the Civil Procedure Act, as no reason was provided for such a bar. Although there may be overlapping issues with HCCC No. 997 of 2004, the causes of action are distinct. Section 6, which allows for a stay of proceedings, was not applicable as no application for stay was before the court. The court considered that consolidation of the suits might be appropriate but deferred making such an order pending the outcome of a potential application to strike out the other suit. Consequently, the preliminary objection was dismissed as it did not dispose of the present application.
Court Disposition
preliminary objection dismissed
Orders
- The preliminary objection is dismissed.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI Civil Case 1042 of 2004CHANDARIA INDUSTRIES LTD………………………..…PLAINTIFF
VERSUS
WALTER MUIRURI……………………………………….DEFENDANTRULING The Respondent takes a preliminary point that this suit offends the provisions of section 5 and 6 of the Civil Procedure Act.
Section 5 gives the Court power to try all suits except where barred. No reason has been given why this suit should be barred. It is true that some of the issues relied on in this suit may be similar to issues which may arise in HCCC No. 997 of 2004 but the cause of action in this suit is for recovery of documents and injunctive relief. Whereas the cause of action in that suit is unlawful dismissal and unjust confinement.
Section 6 gives the court power to stay a suit which the matters in issue are directly and substantially in issue in a previously instituted suit. I am however not dealing with an application for stay.
I am of the view however that these suits should be consolidated. However l will not make that order now as Mr. Oyatta says he intends to seek to strike out the suit filed by the Defendant in HCCC No. 997 of 2004.
I do not see that the preliminary point can succeed in disposing of the present application. The preliminary objection is therefore dismissed. I will now consider the present application.
Dated and Delivered this 14th Day of October 2004
P.J. RANSLEY JUDGE