[2007] KEHC 1031 (KLR)
The court found no sufficient reason to grant the defendant's application to add the third party as a defendant rather than as a third party. The judge held that the applicant could raise any relevant issues connected to the suit as between itself, the plaintiff, and the third party within the existing procedural...
Source-derived case information.
- Citation
- [2007] KEHC 1031 (KLR)
- Parties
- Plaintiff: Mikiki Farmers Co-op Society; Defendant: Thika Coffee Mills Ltd; Defendant: Third Party (unnamed)
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 28 of 2006
- Procedural Posture
- Civil Case / Ruling on Application to Add Third Party as Defendant
- Outcome
- application dismissed with costs
- Legal Topics
- Joinder of Parties, Third Party Procedure, Order 1 Cpc, Party Addition, Adjudication of Issues
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mikiki Farmers Co-op Society
Plaintiff
Thika Coffee Mills Ltd
Defendant
Third Party (unnamed)
Defendant
Procedural Posture
Civil Case / Ruling on Application to Add Third Party as Defendant
Legal Issues
- 1 Whether the third party should be added as a defendant instead of being joined as a third party.
- 2 Whether the presence of the third party as a defendant is necessary for complete adjudication of all questions involved in the suit.
Ratio Decidendi
The court found no sufficient reason to grant the defendant's application to add the third party as a defendant rather than as a third party. The judge held that the applicant could raise any relevant issues connected to the suit as between itself, the plaintiff, and the third party within the existing procedural framework. The application was therefore dismissed, and the court reaffirmed that the procedural rules under Order 1 of the Civil Procedure Code adequately provide for the determination of liability and issues among the parties, including third parties, without necessitating their addition as defendants.
Court Disposition
application dismissed with costs
Orders
- The application to add the third party as a defendant is dismissed with costs.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
Civil Case 28 of 2006
MIKIKI FARMERS CO-OP SOCIETY………………...…………PLAINTIFF
VERSUS
THIKA COFFEE MILLS LTD & ANOTHER ……………..…DEFENDANT
RULING
Notice of Motion dated 11/8/2005 filed under Order 1 Rule 3, 10, and 22 of C.P.C seeking order that the 3rd party be added to the suit as defendant and not third party. The application is made by the Defendant Thika Coffee Millers Limited. The application is grounded on the statement that the presence of 3rd party as defendant to the suit is necessary in order to completely adjudicate on all the questions involved in the suit.
The application is supported by affidavit sworn by legal officer employed by defendant. It is this defendant who sought leave to serve third party Notice against Thika Coffee Mills Ltd. The third party in its defence denies that it was aware of the relationship of plaintiff and Defendant. The Third Party has admitted liability for prayers (a), (b) and (c) of the plaint against Applicant. The provisions of adding a third party to a suit is contained under Order 1 Rule 14 which states as follows 14 (1) where a defendant claims as against any other person not already a party to the suit hereinafter called third party.
(a) that he is entitled to contribution or indemnity or
(b) that he is entitled to any relief or remedy relating to or connected with the original subject matter of the suit and substantially the same as some relief or remedy claimed by the plaintiff or
(c) that any issue or question relating to or connected with the said subject matter is substantially the same question or issue arising between the plaintiff and the defendant and should be properly determined not only as between plaintiff and defendant but as between the plaintiff and the defendant and Third Party any or between any or either of them……
He may by leave of court issue Third Party notice liability between defendant and the Third Party shall be determined as the court shall order under Order 1 rule 18.
I have perused the record and this application together with affidavits filed by the parties and arguments offered. I do not find any reason to grant orders sought by the applicant. The applicant is at liberty to raise any issues connected to this suit as between himself and the other parties in the suit namely plaintiff and Third Party.
I therefore dismiss this application with costs.
Orders accordingly.
Dated this 24th January, 2007.
J. N. KHAMINWA
JUDGE
24/1/2007
Khaminwa – Judge
Njue – Clerk
Mr. Njagi for plaintiff (not interested in the Application)
Mr. Macharia for Defendant/Applicant
Mr. Mweu for Third Party
Ruling read in the open court in their presence.
J. N. KHAMINWA
JUDGE