Search court decisions

…That the appellant was merely an interested party and not a necessary party in the application and will not be adversely affected if the ruling on the presumption of death is not set aside. 8.…

…While at the same time it defines a “Necessary Party” as being: - “A party who being closely connected to a lawsuit should be included in the case if feasible but whose absence will not require dismissal of proceedings” 22…

…That, accordingly, and from the foregoing legal positions, the Interested Party is a necessary party in these proceedings, only to the extent of urging its stake as already demonstrated. 13.…

…Counsel framed the sole issue for determination as being whether the Interested Party is a necessary party in determining the proceedings before this Court. 15.…

…party to the suit was missing and erring in the award of quantum. 4.…

…The appellants identified 4 issues for determination: apportionment of liability; the joinder of the 2nd appellant; a necessary party not being sued; and the award of Kshs. 3,000,000.00 general damages being excessive.…

…Raphael Tuck & Sons Ltd (1956) 1 All ER 273, cited in Pizza Harvest Limited v Felix Midigo [2013] eKLR sought to establish who a necessary party is. The court held: “What makes a person a necessary party?…

…The foundational logic of joinder, non-joinder and misjoinder of parties in order 1 of the Civil Procedure Rules, is two-fold: i) to ensure that. only necessary parties are before the court ‘…whose presence before the court…

…The general rule on joinder of parties is that, all necessary parties should be joined in a suit where feasible.…

…The court borrowed its definition of a necessary party from Jan Bolden Nielsen vs Herman Phillipus Styne & 2 others (2012) wherein it held thus: “ In my view, a necessary party is a person who ought to have been joined as…

…In these circumstances, I am well convinced that the Appellant was not a necessary party to the suit and hence the learned trial magistrate ought to have considered all relevant facts and authorities placed before him and…

…THAT the Learned Trial Magistrate erred in law and facts in failing to make a finding and/or hold that the appellant is not a necessary party to the proceedings.…

…Justus Kavisi Kilonzo v Coast Broadway Company Limited MSA HCCC No. 169 of 2007 [2008] eKLR the court was of the view that a financier who had been registered as a co-owner of a motor vehicle did not mean that it was a necessary…

…The applicant contended that she is a party to proceedings currently pending the court in which Resolution Insurance company is a necessary party either as a direct defendant or the insurer obligated to indemnify the applicant…

…He argued that he proved that he was a necessary party.…

…financing arrangement, without any interest in the operation of the motor vehicle by the purchaser of the motor vehicle, and therefore not vicariously liable for the use of the vehicle by the purchaser’s agent/driver is not a necessary…

…party to a suit for the recovery of damages in negligence arising from alleged negligent use of the motor vehicle.’ b.…

…By failing to direct the respondent to amend his statement f claim to add a necessary party being Charles Mathenge Kuria. vi. In relying on extraneous matters other than evidence adduced in court. 7.…

…Similarly, in Werrot & Company Ltd & Others v Andrew Douglas Gregory & Others [1998] eKLR, the Court held that, in determining whether a party is a necessary party, two conditions must be satisfied.…

…Likewise, in Pizza Harvest Limited v Felix Midigo [2013] eKLR, while adopting the decision in Amon v Raphael Tuck & Sons Ltd (1956) 1 All ER 273 , the Court reiterated that a person is not a necessary party merely because…

…For that reason, he was a necessary party. Counsel relied on a number of authorities in support of the contention that the appeal should be dismissed with costs. 16.…

…On the authority of Joseph Njau Kingori v Robert Maina Chege & 5 others [2002] eKLR, the appellant set out the prerequisites for joinder, namely: [a] The party intended to be joined must be a necessary party.…

…In the third ground, the Appellant also complains that it was necessary to join the store from which the Respondent purchased the soda hence the trial magistrate was wrong to rule that Nakumatt was not a necessary party to…

…intended Plaintiff) (2022) Eklr and Florence Nafula Ayodi & 5 others v Jonathan Ayodi Ligure v John Tabalya Mukite & another; Benson Girenge Kidiavai & 67 others (Applicants/Intended Interested Parties) (2021)Eklr on who is a necessary…

…party to a suit and the conditions to be satisfied.…

…Necessary parties who ought to have been joined are parties who are necessary to the constitution of the suit without whom no decree at all can be passed.…

…The guiding principles that emerge from this decision is that in an application for joinder, a party seeking to be joined must demonstrate the following; i) That he is a necessary party. ii) That he is a proper party. iii…

…The appellant submitted that the insurer was not a necessary party to this claim.…

…The Appellant further argued that since the prosecution was undertaken by the Kenya Police and the Director of Public Prosecutions, liability lies with the State hence the Attorney General was a necessary party. 26.…