Iria-Ini Tea Factory Limited v Johnstone Muchai Muthanga & 5 others [2017] KEELC 1020 (KLR)
- Court
- Environment & Land Court
- Case number
- 1020
- Citation
- [2017] KEELC 1020 (KLR)
- Decided
- 2 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureEx parte application for leave to issue third party noticeCoramL N WAITHAKA
Holding
The application is allowed as the third party has made up a case for issuance of a third party notice against the intended third party.
Facts
The plaintiff, Iria-Ini Tea Factory Limited, purchased land from the third party, who then paid part of the purchase price to the third defendant. The third party claims to have acted on instructions from the third defendant and the first defendant.
Issues
- Whether the third party is entitled to contribution or indemnity from the intended third party.
- Whether the third party is a necessary party in the suit and should be enjoined to facilitate the final determination of the issues.
Reasoning
The third party received the purchase price from the plaintiff and claims to have acted on instructions from the third and first defendants. The court finds that a legitimate issue of law or fact has arisen regarding the allocation of the purchase price.
Outcome
The application for leave to issue a third party notice is allowed.
Orders
- The third party is enjoined to facilitate the final determination of the issues arising in the suit.
Authorities cited
Cases cited (1)
- Oceanfrieght (EA) Ltd vs Technomatic Ltd & Another (2010) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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