[2010] KEHC 1567 (KLR)
The court found that, despite the plaint's wording, the suit was effectively a representative action brought by the officials of Ainotpich Borehole Water Project in their capacities as Chairman, Secretary, and Treasurer. Therefore, the substitution of the outgoing chairman with the incoming one was appropriate....
Source-derived case information.
- Citation
- [2010] KEHC 1567 (KLR)
- Parties
- Plaintiff: Peter K. Yego; Plaintiff: Musa Boit; Plaintiff: Michael Kipruto t/a Ainoptich Borehole Water Project; Defendant: Pauline Nekesa Kode
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 194 of 2004
- Procedural Posture
- Civil Case / Ruling on Application to Amend Plaint and Join Party
- Outcome
- application allowed
- Legal Topics
- Amendment of Pleadings, Joinder of Parties, Representative Suits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter K. Yego
Plaintiff
Musa Boit
Plaintiff
Michael Kipruto t/a Ainoptich Borehole Water Project
Plaintiff
Pauline Nekesa Kode
Defendant
Procedural Posture
Civil Case / Ruling on Application to Amend Plaint and Join Party
Legal Issues
- 1 Whether the plaintiffs should be allowed to amend the plaint to substitute the name of Peter K. Yego with Michael Chepkewel.
- 2 Whether Kalenjin Enterprises Ltd should be joined as a defendant for effective determination of the suit.
- 3 Whether the suit is a representative suit justifying substitution of parties.
Ratio Decidendi
The court found that, despite the plaint's wording, the suit was effectively a representative action brought by the officials of Ainotpich Borehole Water Project in their capacities as Chairman, Secretary, and Treasurer. Therefore, the substitution of the outgoing chairman with the incoming one was appropriate. Furthermore, the joinder of Kalenjin Enterprises Ltd as a defendant was necessary for the effective and proper determination of the dispute, as it was the original owner of the suit land. The court exercised its discretion to allow the amendments and joinder, emphasizing the need for all relevant parties to be before the court to resolve the issues comprehensively.
Court Disposition
application allowed
Orders
- Plaintiffs to amend and serve the amended plaint within fifteen days.
- Defendants granted leave to amend their defence within fifteen days of service of the amended plaint.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Civil Case 194 of 2004
PETER K. YEGO…………….....................................................………………….1ST PLAINTIFF
MUSA BOIT………………………………....................................................……2ND PLAINTIFF
MICHAEL KIPRUTO t/aAINOPTICH BOREHOLE WATER PROJECT...…3RD PLAINTIFF
VERSUS
PAULINE NEKESA KODE………......................................................……………..DEFENDANT
RULING
The plaintiffs seek through their Chamber Summons dated 4th February 2010 and brought under Order 1 Rule 10(2) and Order 6A Rules 3 and 5 of the Civil Procedure Rules as well as Section 3A of the Civil Procedure Act to amend their plaint and substitute the name of Peter K. Yego with that of Michael Chepkewel and also join Kalenjin Enterprises Ltd as one of the defendants.In his affidavit in support of the application Musa Boit the 2nd defendant has deposed that during the recent elections of the officials of the Ainotpich Borehole Water Project, Michael Chepkewel replaced Peter K. Yego as the chairman of that Project.He should also replace him in this suit.He further averred that M/S Kalenjin Enterprises Ltd was the original owner of the suit land which was allocated to the project and should also be brought on board for the effective and proper determination of this suit.
For the defendant Mr. Okeke opposed the application as totally misconceived and unmeritorious.He said as far as the defendants are concerned this is not a representative suit.So the issue of replacing the former chairman with the current one does not arise.
I have considered these arguments. Though the plaint could have been better worded, I disagree with Mr. Okeke that this is not a representative suit. The heading of the plaint shows that the three named plaintiffs are trading as Ainotpich Borehole Water Project and in paragraph three thereof they are described as the Chairman, Secretary and Treasurer respectively of that project.
In the circumstances I allow this application and order that the plaintiffs shall amend and serve the amended plaint within fifteen days.The defendants have corresponding leave to amend their defence within fifteen days of service.The costs of this application shall be costs in cause.
DATED and DELIVERED at Nakuru this 9th day of June, 2010.
D. K. MARAGA
JUDGE.