[2021] KEHC 2413 (KLR)
The court found that due to the evolving list of parties and the lack of clear identification of the 2nd applicant in the application dated 5th July 2012, it is not possible to definitively name the 2nd applicant at this stage. The practical solution is to require all advocates to provide the names and current...
Source-derived case information.
- Citation
- [2021] KEHC 2413 (KLR)
- Parties
- Plaintiff: Jim Kahumbura; Plaintiff: John Kamau; Plaintiff: Solomon Amiani; Defendant: Alam Ja Aid & 57 Others; Applicant: Balwinder Sagod; Applicant: Newton Njiru; Applicant: Chana Kirandep; Applicant: Kihunyororo Julius; Applicant: Kalsi Singhrandeep; Applicant: Mogul Imran; Applicant: Sembi Singh Paramjeet; Applicant: Therru Gurmit; Applicant: Halai Dineshketan; Applicant: Halai Mahesh; Applicant: Khan Asad
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 50 of 2012
- Procedural Posture
- Civil Case / Directions/order on Party Identification and Status
- Outcome
- Directions issued for party identification and status update; matter stood over for mention.
- Judges
- JK Sergon
- Legal Topics
- Party Identification, Case Management, Status of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jim Kahumbura
Plaintiff
John Kamau
Plaintiff
Solomon Amiani
Plaintiff
Alam Ja Aid & 57 Others
Defendant
Balwinder Sagod
Applicant
Newton Njiru
Applicant
Chana Kirandep
Applicant
Kihunyororo Julius
Applicant
Kalsi Singhrandeep
Applicant
Mogul Imran
Applicant
Sembi Singh Paramjeet
Applicant
Therru Gurmit
Applicant
Halai Dineshketan
Applicant
Halai Mahesh
Applicant
Khan Asad
Applicant
Procedural Posture
Civil Case / Directions/order on Party Identification and Status
Legal Issues
- 1 Whether the 2nd applicant can be identified and named for the purposes of the pending application.
- 2 How to address the issue of parties who have passed on during the pendency of the suit.
- 3 What directions should be given to ensure accurate party status and case management.
Ratio Decidendi
The court found that due to the evolving list of parties and the lack of clear identification of the 2nd applicant in the application dated 5th July 2012, it is not possible to definitively name the 2nd applicant at this stage. The practical solution is to require all advocates to provide the names and current status (alive or deceased) of their clients as at the date of the order. This approach ensures accurate party identification and enables the court to manage the proceedings effectively, especially in light of the deaths of several parties. The matter is to be mentioned on a future date to confirm compliance and issue further directions.
Court Disposition
Directions issued for party identification and status update; matter stood over for mention.
Orders
- Each advocate to provide the names and status of their clients as at the date of this order.
- Matter to be mentioned on 30/11/2021 to ascertain compliance and for further orders.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL CASE NO. 50 OF 2012
JIM KAHUMBURA
JOHN KAMAU
SOLOMON AMIANI
(Suing as official of the Kenya Motor Sports Club)................PLAINTIFF
VERSUS
ALAM JA AID & 57 OTHERS.........................................…DEFENDANTS
AND
BALWINDER SAGOD
NEWTON NJIRU
CHANA KIRANDEP
KIHUNYORORO JULIUS
KALSI SINGHRANDEEP
MOGUL IMRAN
SEMBI SINGH PARAMJEET
THERRU GURMIT
HALAI DINESHKETAN
HALAI MAHESH
KHAN ASAD............................................................................APPLICANTS
ORDER ON DIRECTIONS
1) On 8th April 2015, this court delivered its ruling in which it made an order to keep in abeyance the motion dated 5th July 2012 pending the cross-examination of the 2nd applicant. Miss Osman, learned advocate for the 28th, 30th, 34th, 38th, 40th, 43rd, 44th, 48th, 50th, 52nd and 57th defendants pointed out to this court that there is need to identify and name the party referred to as the 2nd applicant.
2) Mr. kaka, learned advocate for the plaintiff informed this court that there are new developments, in that, many parties to this suit have since passed on hence there was need for each advocate to inform this court those who have passed on and those who are still alive.
3) It is apparent from the record that the list of parties to this suit kept on changing from time to time. It is therefore not possible for this to identify and name who is the 2nd applicant since the name was not indicated in application dated 5th July 2012. I think the practical direction to give is that proposed by Mr. Kaka. Consequently, I hereby direct learned counsels appearing in this matter to each provide the names and status of their clients as at the date of this order. This matter to be mentioned on 30/11/2021 to ascertain whether the advocates have provided the information and to give further orders and directions.
Dated, signed and delivered online via Microsoft Teams at Nairobi this 27th day of October, 2021.
...........................
J. K. SERGON
JUDGE
In the presence of:
……………………………. for the Plaintiff
……………………………. for the Defendant/Applicant