[2020] KEHC 2195 (KLR)
The court found that the joinder of the proposed 2nd defendant was necessary to facilitate the just determination of the real dispute between the parties. The court exercised its discretion under Order 1 Rule 3 and Rule 10 of the Civil Procedure Rules, noting that no prejudice would be occasioned to the plaintiff by...
Source-derived case information.
- Citation
- [2020] KEHC 2195 (KLR)
- Parties
- Plaintiff: Wilson Macharia Kabugi; Defendant: Equity Bank Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 155 of 2019
- Procedural Posture
- Originating Summons / Ruling on Application for Joinder of 2nd Defendant
- Outcome
- application for joinder of 2nd defendant allowed
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Joinder of Parties, Amendment of Pleadings, Discretion of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wilson Macharia Kabugi
Plaintiff
Equity Bank Limited
Defendant
Procedural Posture
Originating Summons / Ruling on Application for Joinder of 2nd Defendant
Legal Issues
- 1 Whether the proposed 2nd defendant should be joined to the suit under Order 1 Rule 3 and Rule 10 of the Civil Procedure Rules.
- 2 Whether the joinder would cause prejudice to the plaintiff.
Ratio Decidendi
The court found that the joinder of the proposed 2nd defendant was necessary to facilitate the just determination of the real dispute between the parties. The court exercised its discretion under Order 1 Rule 3 and Rule 10 of the Civil Procedure Rules, noting that no prejudice would be occasioned to the plaintiff by the joinder. The court emphasized that joining the 2nd defendant would save costs and time by allowing all issues to be resolved in one suit. Accordingly, the application for joinder was allowed, and directions were given for service and filing of defence by the newly joined party.
Court Disposition
application for joinder of 2nd defendant allowed
Orders
- The 2nd defendant is joined to the suit.
- The 2nd defendant shall be served with pleadings by the 1st defendant.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
HCC NO. 155 OF 2019 (O.S.)
WILSON MACHARIA KABUGI.......PLAINTIFF/RESPONDENT
VERSUS
EQUITY BANK LIMITED..................DEFENDANT/APPLICANT
RULING
The plaintiff sued the defendant by way of Originating Summons relating to his bank account which had been frozen and made inaccessible. By a Notice of Motion dated 25th September, 2020 the defendant moved the court to have the proposed 2nd defendant be joined in the suit for reasons set out on the face of the application and the affidavit sworn by Kariuki Kingori, the Manager Legal Services of the defendant. The application is opposed and parties have filed their respective submissions.
Order 1 Rule 3 of the Civil Procedure Rules, which is one of the cited provisions, addresses the joinder of the proposed defendants and rule 10 of the same order provides that the court has the discretion to join or removed any party to the proceedings. This Order may be invoked at any stage before the proceedings have been finally disposed of and nothing more remains to be done. – see JMK vs. MWM & Another (2015) e KLR.
Decided cases have demonstrated that such a step which may require an amendment, is to facilitate the just determination of the real dispute between the parties. A party opposing such an application has the duty to demonstrate that prejudice is likely to occur if the order is given.
Without delving into the issues in dispute, I am persuaded that it is necessary to join the 2nd defendant and that no prejudice shall be occasioned to the plaintiff. In so saying I believe costs shall be saved and an opportunity shall present itself to resolve issues in one suit thereby saving time.
The application is therefore allowed. The 2nd defendant, now joined, shall be served with the pleadings by the 1st defendant. The 2nd defendant shall enter appearance and file a statement of defence within 15 days from the date of service. Costs in the cause.
Dated and delivered at Nairobi this 15th day of October, 2020.
A.MBOGHOLI MSAGHA
JUDGE