[2009] KEHC 1934 (KLR)
The court found that the claim in the suit arises from a road accident involving two vehicles, one of which was owned by the estate represented by the proposed third party. Since the deceased was traveling in that vehicle and the plaintiff's claim is against the owner and driver of that vehicle, the court held that...
Source-derived case information.
- Citation
- [2009] KEHC 1934 (KLR)
- Parties
- Plaintiff: Perpetua Jerono Bartoo (Suing as the Administrator and Defendant of Benjamin Rono – Deceased); Defendant: Robert Kipsang Yegon; Defendant: Multiple Hauliers (E.A) Ltd; Defendant: Damaris Nekesa Matofari (being sued as Legal representative of the Estate of Luka Webo Sabuni – Deceased)
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Case 30 of 2008
- Procedural Posture
- Civil Case / Ruling on Chamber Summons for Leave to Issue Third Party Notice
- Outcome
- Application allowed.
- Judges
- JL Osiemo
- Legal Topics
- Third Party Proceedings, Road Traffic Accidents, Wrongful Death
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Perpetua Jerono Bartoo (Suing as the Administrator and Defendant of Benjamin Rono – Deceased)
Plaintiff
Robert Kipsang Yegon
Defendant
Multiple Hauliers (E.A) Ltd
Defendant
Damaris Nekesa Matofari (being sued as Legal representative of the Estate of Luka Webo Sabuni – Deceased)
Defendant
Procedural Posture
Civil Case / Ruling on Chamber Summons for Leave to Issue Third Party Notice
Legal Issues
- 1 Whether leave should be granted to issue a third party notice against the administrator of the estate of Luka Webo Sabuni.
- 2 Whether the inclusion of the proposed third party is necessary for the effective determination of the real issues in controversy.
Ratio Decidendi
The court found that the claim in the suit arises from a road accident involving two vehicles, one of which was owned by the estate represented by the proposed third party. Since the deceased was traveling in that vehicle and the plaintiff's claim is against the owner and driver of that vehicle, the court held that it is both important and necessary for the real issues in controversy to be effectively determined that a third party notice be issued. The application for leave to issue the third party notice was therefore allowed.
Court Disposition
Application allowed.
Orders
- Leave is granted to issue a third party notice against Damaris Nekesa Matofari, the administrator of the estate of Luka Webo Sabuni.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
Civil Case 30 of 2008
PERPETUA JERONO BARTOO (Suing as
the Administrator and Defendant of
BENJAMIN RONO – DECEASED) ..................................PLAINTIFF
VERSUS
ROBERT KIPSANG YEGON ………….…..…… 1ST DEFENDANT
MULTIPLE HAULIERS (E.A) LTD........................2ND DEFENDANT
AND
DAMARIS NEKESA MATOFARI
(being sued as Legal representativeof the Estate of
LUKA WEBO SABUNI – DCD) ...............PROPOSED 3RD PARTY
RULING
Before me is an application by way of Chamber Summons brought by the Defendant under Order 1 Rule 1 of the CPR and Section 3 and 3A of the Civil Procedure Act seeking leave to issue 3rd Party Notice against DAMARIS NEKESA MATOFARI the Administrator of the Estate of LUKA WEBO SABUNI who was the owner of motor vehicle registration No. KAY 266Y Toyota Carina Saloon.
In support of the application CLIVE CRITCHLOW has sworn an affidavit giving grounds. Mr. Kimani Counsel for the Applicant submits that the claim in the suit arises out of a road accident involving two motor vehicles namely KAG 584J ZB 6784 and KAY 266Y. As a result of the said accident the deceased Benjamin Rono who was lawfully traveling in motor vehicle No. KAY 266Y sustained serious injuries which caused his death. The Plaintiff filed a suit against the owner of motor vehicle No. KAY 266Y as well as his driver. For the real issue in controversy to be effectively determined by the Court it is important and necessary to issue a Third Party Notice against the owner of motor vehicle registration No. KAY 266Y.
I agree with the Applicant. Accordingly the application is allowed in terms of prayer (a) and (b) of the ex parte Chamber Summons dated 11th May, 2009.
DELIVERED AND DATED AT ELDORET THIS 29TH DAY OF SEPTEMBER, 2009.
J. L. A. OSIEMO
JUDGE