[2015] KEHC 4547 (KLR)
The court found that the defendant's application for leave to serve a third party notice was properly brought under Order 1 Rule 15 (1) and (2) of the Civil Procedure Rules, which allows such applications to be made ex-parte. The supporting affidavit and the grounds stated in the application satisfied the court that...
Source-derived case information.
- Citation
- [2015] KEHC 4547 (KLR)
- Parties
- Plaintiff: Tula General Contractors & Suppliers Limited; Defendant: The Registered Trustees of Regina Pacis University College (RPUC); Intended Third Party: Bernard Muita Ngugi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 36 of 2015
- Procedural Posture
- Civil Case / Ruling on Ex Parte Chamber Summons for Leave to Serve Third Party Notice
- Outcome
- application granted
- Judges
- DO Ogembo
- Legal Topics
- Third Party Proceedings, Leave to Serve Notice, Ex Parte Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tula General Contractors & Suppliers Limited
Plaintiff
The Registered Trustees of Regina Pacis University College (RPUC)
Defendant
Bernard Muita Ngugi
Intended Third Party
Procedural Posture
Civil Case / Ruling on Ex Parte Chamber Summons for Leave to Serve Third Party Notice
Legal Issues
- 1 Whether the defendant should be granted leave to serve a third party notice against Professor Bernard Muita Ngugi under Order 1 Rule 15 of the Civil Procedure Rules.
Ratio Decidendi
The court found that the defendant's application for leave to serve a third party notice was properly brought under Order 1 Rule 15 (1) and (2) of the Civil Procedure Rules, which allows such applications to be made ex-parte. The supporting affidavit and the grounds stated in the application satisfied the court that the defendant had established a basis for joining the intended third party. Accordingly, the court granted the application, allowing the defendant to serve a third party notice on Professor Bernard Muita Ngugi, with costs in the cause.
Court Disposition
application granted
Orders
- Leave is granted to the defendant to serve a third party notice against Professor Bernard Muita Ngugi.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL & ADMIRALTY DIVISION
HIGH COURT CIVIL CASE NO. 36 OF 2015
TULA GENERAL CONTRACTORS
& SUPPLIERS LIMITED ::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF
VERSUS
THE REGISTERED TRUSTEES OF REGINA
PACIS UNIVERSITY COLLEGE (RPUC) ::::::::::::::::::::::::: DEFENDANT
BERNARD MUITA NGUGI ::::::::::::::::::::::::: INTENDED THIRD PARTY
R U L I N G
1. I have considered the application by way of ex-pate chamber summons dated 7th April 2015and filed in court on 9th April 2015 by the Defendant. The application seeks as the main order the leave of this court to the Defendant to serve Third Party Notice against one Professor Bernard Muita Ngugi, the Intended Third Party.
2. The application is based on the grounds stated therein and is supported by affidavit of Wanja Gichura Wambugu sworn on 7th April 2015.
3. The application is filed under Order 1 Rule 15 (1) and (2) which allows the same to be done ex-parte. The application is also premised on sound grounds.
4. The application is granted with costs in the cause.
Orders accordingly.
READ, DELIVERED AND DATED AT NAIROBITHIS 22ND DAY OF MAY 2015
E. K. O. OGOLA
JUDGE
PRESENT:
No appearance for the Plaintiff
Mr. Ogunde holding brief for M/s Wambugu for the Defendant
No appearance for the Intended Third Party
Teresia – Court Clerk