Skip to content
JudgmentDennis .K.N. MAGARE P/A MAGARE MUSUNDI & COMPANY ADVOCATES VS Africa Merchant Assuarance Bank1 min read

Dennis .K.N. MAGARE P/A MAGARE MUSUNDI & COMPANY ADVOCATES VS Africa Merchant Assuarance Bank

High Court at Bungoma High Court · · M.S.Shariff

' Ruling 
1. Upon the Applicant''s Notice of Motion dated 27th October 2025 coming up for hearing ex parte in the first instance for orders of certification of the application as urgent, the consolidation of this application with Bungoma High Court Civil Miscellaneous Application No 19 of 2018, and issuance of order nisi against the Garnishee, I have duly considered the application herein, the affidavit sworn in support thereof by Serah Wanjiku Karugu on even date and the enclosures attached thereto and I do not find the nexus between the two suit to warrant a joinder save that the Applicant wants to evade payment of filing fees for each file. 2.The application for joinder is declined. I have noted with concern that Ms Karugu has perfected the art of misjoinder of different cases solely for purposes of evading payment of court fees.
3. The matter herein are fairly old and no explanation has been offered for the delay in moving this court. I thus find that no urgency has been demonstrated wherefore this application is not certified as urgent.
4. In light of the findings made herein above I am unable to accede to the other prayers, and I thus strike out the application herein for attempted misjoinder with no orders as to costs.
5. This file is hereby marked as closed.
Delivered, Signed and Dated at Bungoma this 13th day of November 2025.
      M.S. Shariff
        Judge

'

Details

Delivered
Court rank
High Court

Related decisions

Published for information only — not legal advice. Check the official record before relying on this text. Talk to an advocate