[2006] KEHC 1871 (KLR)
The court found that the plaintiff's application was unopposed and that the grounds advanced demonstrated the necessity of joining Jipsy Civil and Building Contractors Limited as a defendant. The court held that granting leave to amend the plaint and join the new party would assist in the determination of the real...
Source-derived case information.
- Citation
- [2006] KEHC 1871 (KLR)
- Parties
- Plaintiff: Electro Air Systems Limited; Defendant: Joe Kimani Ngacha; Defendant: Mary Wanjiru Kimani
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 158 of 2004
- Procedural Posture
- Civil Case / Ruling on Chamber Summons for Joinder and Amendment of Plaint
- Outcome
- application allowed
- Judges
- MM Kasango
- Legal Topics
- Joinder of Parties, Amendment of Pleadings, Leave of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Electro Air Systems Limited
Plaintiff
Joe Kimani Ngacha
Defendant
Mary Wanjiru Kimani
Defendant
Procedural Posture
Civil Case / Ruling on Chamber Summons for Joinder and Amendment of Plaint
Legal Issues
- 1 Whether the plaintiff should be granted leave to join Jipsy Civil and Building Contractors Limited as a defendant.
- 2 Whether the plaint should be amended to reflect the joinder of the new defendant.
Ratio Decidendi
The court found that the plaintiff's application was unopposed and that the grounds advanced demonstrated the necessity of joining Jipsy Civil and Building Contractors Limited as a defendant. The court held that granting leave to amend the plaint and join the new party would assist in the determination of the real questions in controversy, as required by the Civil Procedure Rules and Act. The court therefore exercised its discretion to allow the application, finding that the amendment was both necessary and just in the circumstances.
Court Disposition
application allowed
Orders
- The plaintiff is granted leave to join Jipsy Civil and Building Contractors Limited as a defendant.
- The plaintiff shall file the amended plaint within 14 days from the date of the ruling.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Civil Case 158 of 2004
ELECTRO AIR SYSTEMS LIMITED…………............................................……………..PLAINTIFF
VERSUS
JOE KIMANI NGACHA …………………........................................……………..1ST DEFENDANT
MARY WANJIRU KIMANI………………........................................…………….2ND DEFENDANT
RULING
The plaintiff by chamber summons brought under Order 1 Rule 10 and Order 6 A Rules 3 and 5 of the Civil Procedure Rules and Section 100 of the Civil Procedure Act seeks an order that leave be granted to join Jipsy Civil and Building Contractors Limited as a defendant and to amend the plaint accordingly.
The application is anchored on the grounds that; the plaintiff has been dealing with the 1st defendant as a partner in the firm of Jipsy Civil and Building Contractors; the plaintiff carried out same work for and supplied materials to Jipsy Civil and Building Contracts; the plaintiff has now established that Jispy Civil and Building Contractors ceased to operate as a business on 27th July 1999 and a company by that name was incorporated on 18th August 1999. The plaintiff therefore submitted that it is necessary to join Jipsy Civil and Building Contractors Limitedin this suit in order that the real question is controversy between the parties can be determined.
The application, although served upon the other parties was not opposed.
In view of the uncontroverted submissions by the plaintiff the court is of the view that the leave sought by the plaintiff should be granted for it is clear that the amendment sought would assist the determination of the real question in controversy.
The plaintiff is granted the following orders:
(1) The plaintiff granted leave to join Jipsy Civil and Building Contractors Limited as a defendant.
(2) The plaintiff shall file the amended plaint within 14 days from todays date.
(3) The plaintiff shall serve Jipsy Civil and Building Contractors Limited with an amended summons and the amended defence shall be served upon the defendants and also on Jipsy Civil and Building Contractors Limited.
(4) The cost s of the chamber summons dated 28th April 2006 shall be in the cause.
MARY KASANGO
JUDGE
Dated and delivered this 10th July 2006.
MARY KASANGO
JUDGE