[2017] KEHC 7482 (KLR)

[2017] KEHC 7482 (KLR)

The court found that the plaintiff failed to demonstrate any attempt to obtain the tender document from the defendant, who did not deny possession or ability to procure a certified copy. The joinder of the ICT Authority as a respondent was unnecessary and improper, as the proper course was to request the document...

Source-derived case information.

Citation
[2017] KEHC 7482 (KLR)
Parties
Plaintiff: Rhoda Kibunja t/a Docuquest Enterprises; Defendant: Next Technologies Limited; Respondent: Information and Communication Technology Authority
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
17 February 2017
Case Number
Civil Case 244 of 2016
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application
Outcome
application dismissed with costs to defendant and respondent
Judges
F Tuiyott
Legal Topics
Discovery of Documents, Joint Venture Disputes, Tendering Process, Production of Evidence
Source Language
english
Civil Procedure Commercial and Corporate Discovery of Documents Joint Venture Disputes Tendering Process Production of Evidence

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Parties

Rhoda Kibunja t/a Docuquest Enterprises

Plaintiff

Next Technologies Limited

Defendant

Information and Communication Technology Authority

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the respondent (ICT Authority) should be compelled to supply the applicant with a copy of the tender documents submitted by the defendant.
  2. 2 Whether the plaintiff should have sought the tender document from the defendant before joining the respondent to the proceedings.
  3. 3 Whether the application raises a constitutional issue or is a matter of ordinary civil procedure.

Ratio Decidendi

The court found that the plaintiff failed to demonstrate any attempt to obtain the tender document from the defendant, who did not deny possession or ability to procure a certified copy. The joinder of the ICT Authority as a respondent was unnecessary and improper, as the proper course was to request the document from the defendant through established civil procedure mechanisms or case management processes. Elevating the matter to a constitutional question was unwarranted and trivialized the Bill of Rights. The application was dismissed with costs to the defendant and respondent, and the plaintiff was directed to pursue the document through the appropriate civil procedure channels.

Court Disposition

application dismissed with costs to defendant and respondent

Orders

  • The Notice of Motion dated 5th August 2016 is dismissed.
  • Costs of the application awarded to the defendant and respondent.