[2024] KEHC 4966 (KLR)
The court found that the applicant had previously made multiple unsuccessful attempts to be joined as a party to the proceedings and that nothing in the draft witness statement would add value or assist in the just determination of the case. The court noted that discoveries had already closed and that the...
Source-derived case information.
- Citation
- [2024] KEHC 4966 (KLR)
- Parties
- Plaintiff: New Mega Africa Limited; Applicant: Absa Murumba Wekesa; Respondent: New Mega Africa Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Case E068 of 2022
- Procedural Posture
- Civil Case / Ruling on Application to Be Joined as Party/witness
- Outcome
- application dismissed with costs to the defendant
- Judges
- DKN Magare
- Legal Topics
- Joinder of Parties, Adducing Evidence, Witness Statements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
New Mega Africa Limited
Plaintiff
Absa Murumba Wekesa
Applicant
New Mega Africa Limited
Respondent
Procedural Posture
Civil Case / Ruling on Application to Be Joined as Party/witness
Legal Issues
- 1 Whether the applicant should be joined as a party or witness in the ongoing proceedings.
- 2 Whether the applicant's draft witness statement adds value or is necessary for the determination of the case.
Ratio Decidendi
The court found that the applicant had previously made multiple unsuccessful attempts to be joined as a party to the proceedings and that nothing in the draft witness statement would add value or assist in the just determination of the case. The court noted that discoveries had already closed and that the applicant's involvement was neither necessary nor useful. The application was therefore dismissed as an abuse of process, and the court ordered the matter to proceed to hearing as previously scheduled, with a warning that failure by the plaintiff to conclude the case by the set deadline would result in dismissal.
Court Disposition
application dismissed with costs to the defendant
Orders
- The application to join the applicant as a party or witness is dismissed with costs to the defendant.
- The matter shall proceed for hearing on 15/5/2024 without fail.
Full Case Text
Judgment text and source record
18 paragraphs
New Mega Africa Limited v Wekesa (Civil Case E068 of 2022) [2024] KEHC 4966 (KLR) (9 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4966 (KLR)
Republic of Kenya
In the High Court at Mombasa
Civil Case E068 of 2022
DKN Magare, J
May 9, 2024
Between
New Mega Africa Limited
Plaintiff
and
Absa Murumba Wekesa
Applicant
Ruling
1. This is the third application the Applicant is making to be party to this proceeding. The matter is partly heard. The plaintiff is being heard when he was stood down. In between he have been threatened with theatrics. Initially the plaintiff pretended to be an officious by stander. Once I declined to join the witness as an interested party he sought to be a defendant. I did not find anything he was defending. I dismissed the application.
2. The plaintiff has now shown their colous by applying to have him as a witness. Noting in the witness statement add any value to the case.
3. The party closed discoveries. There is noting useful the witness who they admitted to be a hatchet man can adduce. I have perused the draft witness statement and do not find the same as a necessary addition. Consequently, I decline to allow the application. The same is consequently dismissed with cost to the defendant. The matter shall proceed for hearing and shall terminate by way of dismissal if the plaintiff does not conclude the same by 25/2/2025 as earlier ordered in my ruling dated 26/2/2024. The matter already has a hearing date of 15/5/2024. The matter shall proceed on that date without fail.
DATED, SIGNED AND DELIVERED VIRTUALLY AT MOMBASA ON THIS 9TH DAY OF MAY, 2024. KIZITO MAGAREJUDGEIn the presence of:-M/s Iseme, Kamau & Maema Advocates for the Defendant/RespondentM/s Kirui Kamwibua & Company AdvocatesCourt Assistant - Brian