FURTHER RULING
(Issued consequent upon a subsequent development in HCCOMM E749 of 2024)
Introduction
1. On 18th September 2026 this Court delivered a Ruling dismissing the Plaintiff's application dated 18th February 2026, and further staying the present suit on the ground that it was sub judice to HCCOMM E749 of 2024, Njoki Mwangi and Kijani Medical Limited v NCBA Bank Kenya PLC, which was, as at the date of that Ruling, understood by the Court to be pending.
2. It was brought to the Court's attention after the delivery of the Ruling and in the presence of Mr Omuyoma for plaintiff and Ms Mutonyi for 1st defendant that HCCOMM E749 of 2024 was in fact struck out by a Ruling of this Court delivered on 19th June 2026. This fact was not before the Court, and was not known to it, at the time the Ruling of 18th September 2026 was delivered. I have taken the liberty to confirm the same from the Court Case Tracking System and indeed that is the position. This correction is made by the Court suo motu, in exercise of its inherent jurisdiction under Section 3A of the Civil Procedure Act and Article 159(2)(d) of the Constitution, to give effect to the true factual position and to avert an injustice that would otherwise arise from an order resting on a premise since shown to be mistaken, without disturbing the substantive findings made on the merits.
Effect on the finding of sub judice.
3. The doctrine of sub judice under section 6 of the Civil Procedure Act requires that the matter in the other suit be directly and substantially in issue in a suit that remains pending before a court of competent jurisdiction. HCCOMM E749 of 2024 having been struck out with effect from 19th June 2026, it was not, in law, a pending suit as at 18th September 2026. The basis for staying the present suit as sub judice accordingly no longer holds, and the order staying this suit is hereby discharged.
Disposition.
4. For the avoidance of doubt the following final orders do hereby issue:
i. The application dated 18th February 2026 remains dismissed, with costs to the 1st Defendant.
ii. The order staying the present suit as sub judice is discharged. The suit shall proceed to be listed for case management in the ordinary course.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 18TH DAY OF SEPTEMBER 2026.
F. MUGAMBI
JUDGE
(Issued consequent upon a subsequent development in HCCOMM E749 of 2024)
Introduction
1. On 18th September 2026 this Court delivered a Ruling dismissing the Plaintiff's application dated 18th February 2026, and further staying the present suit on the ground that it was sub judice to HCCOMM E749 of 2024, Njoki Mwangi and Kijani Medical Limited v NCBA Bank Kenya PLC, which was, as at the date of that Ruling, understood by the Court to be pending.
2. It was brought to the Court's attention after the delivery of the Ruling and in the presence of Mr Omuyoma for plaintiff and Ms Mutonyi for 1st defendant that HCCOMM E749 of 2024 was in fact struck out by a Ruling of this Court delivered on 19th June 2026. This fact was not before the Court, and was not known to it, at the time the Ruling of 18th September 2026 was delivered. I have taken the liberty to confirm the same from the Court Case Tracking System and indeed that is the position. This correction is made by the Court suo motu, in exercise of its inherent jurisdiction under Section 3A of the Civil Procedure Act and Article 159(2)(d) of the Constitution, to give effect to the true factual position and to avert an injustice that would otherwise arise from an order resting on a premise since shown to be mistaken, without disturbing the substantive findings made on the merits.
Effect on the finding of sub judice.
3. The doctrine of sub judice under section 6 of the Civil Procedure Act requires that the matter in the other suit be directly and substantially in issue in a suit that remains pending before a court of competent jurisdiction. HCCOMM E749 of 2024 having been struck out with effect from 19th June 2026, it was not, in law, a pending suit as at 18th September 2026. The basis for staying the present suit as sub judice accordingly no longer holds, and the order staying this suit is hereby discharged.
Disposition.
4. For the avoidance of doubt the following final orders do hereby issue:
i. The application dated 18th February 2026 remains dismissed, with costs to the 1st Defendant.
ii. The order staying the present suit as sub judice is discharged. The suit shall proceed to be listed for case management in the ordinary course.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 18TH DAY OF SEPTEMBER 2026.
F. MUGAMBI
JUDGE