Customer Support

VICTOR MABACHI & ANOR.
V.
NURTUN BATES LIMITED

(2013) JELR 96538 (CA)

Court of Appeal 4 Oct 2013 Kenya
BriefBot icon

BriefBot Summary

Free

- This is an appeal from a ruling of the High Court in which the appellants' application to dismiss the respondent's suit was dismissed. - The respondent brought a claim against Mediacom East Africa Limited and the appellants for unpaid age

Case Details

Suit Number:Civil Appeal 247 of 2005
Judges:Paul Kihara Kariuki, Philomena Mbete Mwilu, Stephen Gatembu Kairu
Location:Nairobi
Other Citations:Victor Mabachi & another v. Nurtun Bates Limited [2013] eKLR

JUDGMENT OF THE COURT

(1) This is an appeal from the ruling of the High Court (Kasango J.) delivered on 16th December, 2004 in which the learned Judge dismissed the appellants’ application seeking to dismiss the respondent’s suit on the basis that it was vexatious, frivolous and an abuse of the court process. The application was brought under Order 6 Rule 13 (1) (b) and (d), Order 1 Rule 1 and 10 (2) of the Civil Procedure Rules and Section 3A of the Civil Procedure Act. This is an interlocutory appeal as the suit in the High Court is still alive.

(2) The application arose out of a civil suit in the High Court in which the respondent herein brought a claim against Mediacom East Africa Limited (hereinafter Mediacom) and the appellants jointly and severally for Kshs.1,789,529.00, being monies allegedly owing on account of agency commissions. The prayer in the application before the High Court was that the appellants had been improperly joined as parties, and that their joinder in the suit…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.