[2004] KEHC 1132 (KLR)
The court found that the present suit and the earlier suit (CMCC 3855/2000) involve the same parties and subject matter, as admitted in the pleadings. Section 6 of the Civil Procedure Act is mandatory and requires that no court shall proceed with the trial of any suit in which the matter in issue is also directly...
Source-derived case information.
- Citation
- [2004] KEHC 1132 (KLR)
- Parties
- Plaintiff: Kenya Reinsurance Corporation Ltd; Defendant: Anka Van Gen Hassend t/a Anka Investments
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 176 of 2002
- Procedural Posture
- Civil Case / Ruling on Stay of Proceedings
- Outcome
- suit stayed pending outcome of earlier suit
- Legal Topics
- Stay of Proceedings, Pendency of Suits, Section 6 Civil Procedure Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Reinsurance Corporation Ltd
Plaintiff
Anka Van Gen Hassend t/a Anka Investments
Defendant
Procedural Posture
Civil Case / Ruling on Stay of Proceedings
Legal Issues
- 1 Whether the existence of two suits in courts of competent jurisdiction on the same subject matter warrants a stay of proceedings under Section 6 of the Civil Procedure Act.
- 2 Whether the matters in issue in the present suit are directly and substantially in issue in the earlier suit.
Ratio Decidendi
The court found that the present suit and the earlier suit (CMCC 3855/2000) involve the same parties and subject matter, as admitted in the pleadings. Section 6 of the Civil Procedure Act is mandatory and requires that no court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties. Since the earlier suit was filed first, the present suit must be stayed pending the determination of the earlier suit. The court has no discretion in the matter once the statutory requirements are met.
Court Disposition
suit stayed pending outcome of earlier suit
Orders
- This suit is stayed pending the outcome of CMCC 3855/2000.
- Costs in the cause.
Full Case Text
Judgment text and source record
11 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CIVIL CASE NO.176 OF 2002KENYA REINSURANCE CORPORATION LTD……………..……PLAINTIFF=V E R S U S=ANKA VAN GEN HASSEND t/a ANKA INVESTMENTS………………………………………….DEFENDANT
RULING
Having heard the submissions of both counsel I have come to the conclusion that there are two suits proceeding in courts of competent jurisdiction. This is admitted in paragraph 10 of the Plaint herein. The prayers sought to obtain vacant possession of premises are similar to the prayers sought to restraint he Plaintiff in the other court from evicting the Defendant (herein).
In these circumstances, the provisions of Section 6 of Civil Procedure Act are satisfied. The matters in issue in this suit are similar to matters in issue in the other suit. The section is in mandatory terms and once court’s attention has been drawn the requirements of law the court has to comply. There is no room for discretion.
I therefore find that this suit is similar to the suit filed in the lower court i.e. CMCC 3855/2000. That suit being first in time the same will be tried first and this suit is hereby stayed pending the outcome of that earlier suit.
Order accordingly.
Costs in the cause.
Dated at Mombasa this 4th day of March, 2004. JOYCE KHAMINWAJ U D G E