[2011] KEHC 592 (KLR)

[2011] KEHC 592 (KLR)

The court found that the defendant's application raised arguable issues and was merited. Consequently, the court exercised its discretion under Order 1 Rule 15 of the Civil Procedure Rules to grant the defendant leave to issue a third party notice to Clear Real Traders. The court directed that the notice should be...

Source-derived case information.

Citation
[2011] KEHC 592 (KLR)
Parties
Plaintiff: Zakary Evan Ireri Kirimo; Defendant: Benjamin Njeru Kiraithe
Court
High Court
Court Station
High Court at Embu
Jurisdiction
Kenya
Case Number
Civil Case 11 of 2008
Procedural Posture
Civil Case / Ruling on Application for Leave to Issue Third Party Notice
Outcome
application allowed
Legal Topics
Third Party Proceedings, Leave to Issue Notice, Application Under Order 1 Rule 15
Source Language
en
Civil Procedure Third Party Proceedings Leave to Issue Notice Application Under Order 1 Rule 15

Source-derived case record

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Parties

Zakary Evan Ireri Kirimo

Plaintiff

Benjamin Njeru Kiraithe

Defendant

Procedural Posture

Civil Case / Ruling on Application for Leave to Issue Third Party Notice

Legal Issues

  1. 1 Whether the defendant should be granted leave to issue a third party notice to Clear Real Traders.

Ratio Decidendi

The court found that the defendant's application raised arguable issues and was merited. Consequently, the court exercised its discretion under Order 1 Rule 15 of the Civil Procedure Rules to grant the defendant leave to issue a third party notice to Clear Real Traders. The court directed that the notice should be filed and served within 14 days, thereby allowing the defendant to bring in a third party who may be liable in respect of the claim made by the plaintiff.

Court Disposition

application allowed

Orders

  • Leave is granted to the defendant to issue a third party notice to Clear Real Traders.
  • The third party notice should be filed and served within 14 days.