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…privity of contract, the 2nd Intended Defendant having not been a party to the Agreement for sale between the Plaintiff and the 1st Defendant, cannot legally execute any transfers if the appeal were to fail. 22.…

…The issue of lack of privity of contract is a defence that is readily available to the 2nd Intended Defendant and is to be considered during full trial and not at the interlocutory stage as is this application. 24.…

…of contract between the Plaintiff/Respondent and the 4 th Defendant/Applicant; that the onus of uploading music on the Skiza Platform managed by the said Defendant/Applicant ordinarily rests with the 3 rd Defendant herein…

…(iv) That privity of contract is irrelevant to this case.…

…THAT the application offends the doctrine of privity of contract since there is no contractual obligation as between the proposed third Defendant and the Plaintiff.…

…In Kenya Women Finance Trust v Bernard Oyugi Jaoko & 2 others [2018] eKLR, the Court of Appeal deliberated on the doctrine of privity of contract at length and in Savings & Loan (K) Limited v Kanyenje Karangaita Gakombe &…

…The 2nd Defendant submitted that the suit filed by the Plaintiff in the Chief Magistrates Court offended the doctrine of Privity of Contract as the 2nd Defendant was neither a party to the contract between the Plaintiff and…

…The 2nd Defendant seeks to rely on the doctrine of exhaustion but in the same breath cites privity of contract submitting that it was the regulating authority over the 1st Defendant.…

…In regard to the decision on whether to remove the name of the 2nd Defendant or to dismiss the claim against it, the 2nd Defendant presents comparable reasons, asserting that it lacks privity of contract with the Plaintiff…

…Finance Company of Kenya Limited [2014] eKLR, Charles Njihia Ndung’u v Mercy Wamaitha Kaburi [2018] eKLR, and Agricultural Finance Corporation v Lendetia Ltd. [1985] eKLR for a comprehensive understanding of the doctrine of…

…While denying any privity of contract between him and the plaintiffs, the defendant contends that the sub-lease between him and Shabbir did not require any consent of the plaintiffs, that his development on the suit land…

…of contract between the defendant and the plaintiffs. 27.…

…He submitted that no privity of contract exists between himself and the Defendant, in any event and that the Application is unmerited and therefore ought to be dismissed with costs. 10.…

…Further, it is established that no privity of contract exists between the Interested Party and the Defendant, in order to justify the order sought against him. 21.…

…Privity of contract or otherwise is not necessary for a party to benefit from an estoppel.…

…There is thus no privity of contract whatsoever between Highway Carriers Ltd and the defendant in relation to the carriage of the 125 drums.…

…EACC who is the proposed 2nd defendant filed grounds of opposition dated 13.2.24 stating that: i. there is no privity of contract between it and the plaintiff. ii.…

…EACC on its part said there is no privity of contract between it and the plaintiff and thus it cannot be enjoined as a party herein.…

…previous owner who is not a party in this suit, after carrying out due diligence and obtaining the necessary consents; that he is the duly registered owner of the suit property and has paid the rates and rent; that there is no privity…

…of contract or viable cause of action between the plaintiffs and himself, and the plaintiffs lack the locus standi to bring this suit; that the suit should be dismissed with costs. 2.…

…There is no privity of contract between the parties and the Intended third parties being the vendor in both transactions is a necessary party to the proceedings for just and final determination of all disputes between the…

…the respondents that the suit between the plaintiff and the defendant is based on contract – that the applicants are not party to the contract and the plaintiff has not sought any orders against them; that the doctrine of…

…privity of contract excludes the applicants from the suit.…

…Contending that they are the absolute and indefeasible owners of the parcels of land known as Saimo/ Kasisit/375 and 376 (The parcels are subdivisions of the suit property), the defendants’ have averred that there is no privity…

…of contract between the plaintiff and them.…

…That there is no privity of contract between the Plaintiffs and the 2nd Defendant who is a bona fide purchaser for value and the 2nd Defendant did follow the due process and procedure to transfer the shares and property to…

…result, rather than dismissing the Plaintiff's suit summarily, I will grant the Preliminary Objection partially and then place the following orders: - a) The Preliminary Objection succeeds to the extent that there is no privity…

…of contract between the Plaintiff and the Defendant. b) The issues and allegations of fraud with the specificity to proceed to full trial. c) Within 14 days hereof and under Order 2 Rule 10 (2), the Plaintiff is hereby directed…

…The doctrine of privity of contract remains applicable. A contract cannot impose burdens on persons who are not privy to it and public interest does not override decrees of competent courts without due process.…

…arising from a sale Agreement dated 21st September entered between the Plaintiff and 2nd Defendant, the Applicant was neither a signatory, guarantor, beneficiary nor party to the sale Agreement so as to bring out issues of…

…privity of contract.…

…It relies on the case of Savings & Loan (K) Limited v Kanyenje Karangaita Gakombe & another [2015] KECA 784 (KLR) where the court in restating the doctrine said that: “In its classical rendering, the doctrine of privity of…

…contract postulates that a contract cannot confer rights or impose obligations on any person other than the parties to the contract.…