[2025] KEHC 6569 (KLR)

[2025] KEHC 6569 (KLR)

The court found that the present suit and the Kiambu High Court suit involve the same parties and the same subject matter, namely the loan agreement dated 21st June 2023. The doctrine of sub judice, as codified in section 6 of the Civil Procedure Act, applies to prevent multiplicity of suits and the risk of...

Source-derived case information.

Citation
[2025] KEHC 6569 (KLR)
Parties
Plaintiff: Muigai Phares Thumbi; Defendant: Winnie Elizabeth Wanjiru Karioki
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
15 May 2025
Case Number
Civil Case E383 of 2024
Procedural Posture
Civil Case / Ruling on Notice of Motion to Strike Out Suit for Sub Judice and Abuse of Process
Outcome
suit transferred to Kiambu High Court; no order as to costs
Judges
F Gikonyo
Legal Topics
Sub Judice, Striking Out Pleadings, Loan Agreements, Abuse of Process
Source Language
english
Civil Procedure Commercial and Corporate Sub Judice Striking Out Pleadings Loan Agreements Abuse of Process

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Parties

Muigai Phares Thumbi

Plaintiff

Winnie Elizabeth Wanjiru Karioki

Defendant

Procedural Posture

Civil Case / Ruling on Notice of Motion to Strike Out Suit for Sub Judice and Abuse of Process

Legal Issues

  1. 1 Whether the present suit is sub judice in light of a pending suit between the same parties over the same subject matter in Kiambu High Court.
  2. 2 Whether the plaintiff's suit should be struck out as scandalous, frivolous, vexatious, or an abuse of the court process.
  3. 3 Whether omission of an averment under Order 4 Rule 1(1)(f) of the Civil Procedure Rules is fatal to the suit.

Ratio Decidendi

The court found that the present suit and the Kiambu High Court suit involve the same parties and the same subject matter, namely the loan agreement dated 21st June 2023. The doctrine of sub judice, as codified in section 6 of the Civil Procedure Act, applies to prevent multiplicity of suits and the risk of conflicting decisions. However, the court held that striking out the suit is not always the appropriate remedy; instead, the suit should be transferred to the Kiambu High Court for consolidation or joint hearing with the earlier suit. This approach balances the need to avoid abuse of process with the right to be heard and avoids the injustice of driving a litigant from the seat of...

Court Disposition

suit transferred to Kiambu High Court; no order as to costs

Orders

  • This suit shall be transferred to Kiambu High Court for hearing and disposal, to be heard together or consolidated with the Kiambu case.
  • No order as to costs.