[2014] KEHC 2317 (KLR)
The court found that Joseph Mwangi Gichuki and Caroline Wairimu Maitha, as directors of the defendant company and guarantors of the banking facility, are necessary parties for the effectual settlement of all matters in dispute. The defendant company has ceased operations and its whereabouts are unknown, making it...
Source-derived case information.
- Citation
- [2014] KEHC 2317 (KLR)
- Parties
- Plaintiff: Standard Chartered Bank (K) Ltd.; Defendant: Worldwide Automobiles Ltd.; Defendant: Joseph Mwangi Gichuki; Defendant: Caroline Wairimu Maitha
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 817 of 2010
- Procedural Posture
- Civil Suit / Ruling on Ex Parte Chamber Summons for Joinder of Parties
- Outcome
- application allowed
- Judges
- DO Ogembo
- Legal Topics
- Joinder of Parties, Amendment of Pleadings, Guarantees and Sureties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Standard Chartered Bank (K) Ltd.
Plaintiff
Worldwide Automobiles Ltd.
Defendant
Joseph Mwangi Gichuki
Defendant
Caroline Wairimu Maitha
Defendant
Procedural Posture
Civil Suit / Ruling on Ex Parte Chamber Summons for Joinder of Parties
Legal Issues
- 1 Whether Joseph Mwangi Gichuki and Caroline Wairimu Maitha should be enjoined as defendants to the suit.
- 2 Whether the joinder is necessary for the effectual settlement of all matters in dispute.
- 3 Whether the joinder would prejudice the existing defendant.
Ratio Decidendi
The court found that Joseph Mwangi Gichuki and Caroline Wairimu Maitha, as directors of the defendant company and guarantors of the banking facility, are necessary parties for the effectual settlement of all matters in dispute. The defendant company has ceased operations and its whereabouts are unknown, making it just and expedient to join the said individuals as defendants. The court was satisfied that no prejudice would be suffered by the existing defendant and that there is a clear nexus between the defendant and the parties sought to be joined. In the interest of justice, the application for joinder was allowed.
Court Disposition
application allowed
Orders
- Joseph Mwangi Gichuki and Caroline Wairimu Maitha are enjoined as defendants.
- The plaintiff is at liberty to file and serve an amended plaint reflecting the names of the enjoined defendants within seven days of the order.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
COMMERCIAL & ADMIRALTY DIVISION
CIVIL SUIT NO. 817 OF 2010
STANDARD CHARTERED BANK (K) LTD. ::::::::::::::::::: PLAINTIFF
VERSUS
WORLDWIDE AUTOMOBILES LTD. :::::::::::::::::::::::: DEFENDANT
R U L I N G
The application before the court is an ex-parte chamber summons dated 1st July 2014 filed under the Orders stated therein seeking prayers namely:-
Joseph Mwangi Gichuki and Caroline Wairimu Maitha be enjoined as Defendants herein.
The Plaintiff be at liberty to file and serve an amended plaint reflecting the names of the enjoined Defendants upon the enjoined Defendants within seven (7) days of the order hereof.
It is in the interests of justice for the said Joseph Mwangi Gichuki and Caroline Wairimu Maitha be enjoined in this suit.
The application is premised on the grounds set out therein and is supported by affidavit of Josephine Ngunjiri dated 1st July 2014.
The application is ex-parte and Mr. Kiranga who prosecuted it relied fully on it.
The grounds given for the application are that:-
Joseph Mwangi Gichuki and Caroline Wairimu Maitha are necessary parties to this suit in order of the effectual settlement of all matters herein having been Directors of the Defendant herein and having guaranteed the banking facility secured by the Defendant from the Plaintiff.
The Defendant has ceased operations and its whereabouts are unknown.
It is in the interest of justice for the said Joseph Mwangi Gichuki and Caroline Wairimu Maitha be enjoined in this suit.
In my view there is no prejudice to be suffered by the present Defendant. In any event, there is a clear nexus between the Defendant and the parties now sought to be joined to the suit. In the interest of justice this application should be allowed.
In the upshot, I herewith allow the ex-parte chamber summons dated 1st July 2014 as prayed, with costs in the cause.
Orders accordingly.
DATED, READ AND DELIVERED AT NAIROBI THIS 17TH DAY OF OCTOBER 2014
E. K. O. OGOLA
JUDGE
PRESENT:
Baraka holding brief for Njeru Mucheru the Plaintiff
No appearance for Defendant
Irene – Court Clerk