[2014] KEHC 3543 (KLR)
The court found that the present suit is sub-judice because the issues raised are directly and substantially in issue in Succession Cause No. 48 of 2012, which is pending before the High Court at Kerugoya and involves the same parties. Section 6 of the Civil Procedure Act prohibits the court from proceeding with the...
Source-derived case information.
- Citation
- [2014] KEHC 3543 (KLR)
- Parties
- Plaintiff: Peter Karanja Maringa; Plaintiff: Raphael Muturi Kariuki; Defendant: Sarah Wandia Njogu
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 12 of 2014
- Procedural Posture
- Civil Suit / Ruling on Preliminary Objection
- Outcome
- suit stayed
- Judges
- BN Olao
- Legal Topics
- Sub Judice Principle, Stay of Proceedings, Succession Disputes, Land Ownership
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Karanja Maringa
Plaintiff
Raphael Muturi Kariuki
Plaintiff
Sarah Wandia Njogu
Defendant
Procedural Posture
Civil Suit / Ruling on Preliminary Objection
Legal Issues
- 1 Whether the suit is sub-judice in light of the pending Succession Cause No. 48 of 2012 at Kerugoya High Court.
- 2 Whether the appropriate remedy is dismissal or stay of the current suit under Section 6 of the Civil Procedure Act.
- 3 Whether the issues raised in the plaint should be determined within the succession proceedings.
Ratio Decidendi
The court found that the present suit is sub-judice because the issues raised are directly and substantially in issue in Succession Cause No. 48 of 2012, which is pending before the High Court at Kerugoya and involves the same parties. Section 6 of the Civil Procedure Act prohibits the court from proceeding 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. The court clarified that the correct procedure in such circumstances is to stay the proceedings rather than dismiss the suit. Furthermore, the court noted that the remedies sought by the plaintiffs are more appropriately canvassed...
Court Disposition
suit stayed
Orders
- This suit is stayed in accordance with the provisions of Section 6 of the Civil Procedure Act.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERUGOYA
ELC CASE NO. 12 OF 2014
PETER KARANJA MARINGA..............................1ST PLAINTIFF
RAPHAEL MUTURI KARIUKI................................2ND PLAINTIFF
VERSUS
SARAH WANDIA NJOGU.........................................DEFENDANT
RULING
By their amended plaint filed herein on 14th February 2014, the plaintiff seeks the following remedy against the defendant.
a. That the defendant be ordered to proceed with Succession Cause No. 48 of 2012 as directed by the Judge and alternatively and without prejudice, the plaintiffs be allowed to proceed and execute it’s orders.
b. Costs of the suit
c. Any other relief the Court may deem just to grant.
Looking at the body of the plaint, the dispute herein seem to relate to a Succession Cause No. 48 of 2012 pending at the Kerugoya High Court and also an agreement relating to a parcel of land.
When the matter came up before me today, Mr. Maina for the defendant raised a Preliminary Objection to the suit on the ground that the same is sub-judice as there is Kerugoya Succession Cause No. 48 of 2012 pending. The plaintiffs confirmed that indeed there is Succession Cause No. 48 of 2012 pending at the High Court Kerugoya. That being the case and this Court having seen a ruling in the said cause where the plaintiffs are named, it is clear that this suit is caught up with the provision of Section 6 of the Civil Procedure Act. A suit caught up in that provision is not dismissed, as sought by Mr. Maina. Instead, it is stayed.
Secondly, the remedy being sought in this plaint is really a matter to be canvassed in the Succession Cause No. 48 of 2012 pending at Kerugoya High Court.
I accordingly order that this suit be stayed in accordance with the provisions of Section 6 of the Civil Procedure Act.
B.N. OLAO
JUDGE
2ND JULY 2014
Ruling delivered this 2nd day of July 2014 in open Court.
Plaintiffs present in person.
Mr. Maina present for defendant.
B.N. OLAO
JUDGE
2ND JULY 2014