Didier Georges Joseph Ghislain Crahay & another v Davidson Matano & another [2020] KEELC 2402 (KLR)
- Court
- Environment & Land Court
- Case number
- 2402
- Citation
- [2020] KEELC 2402 (KLR)
- Decided
- 27 May 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication to strike out the suit against the 2nd DefendantCoramJ.O. OLOLA
Holding
The Chamber Summons application is dismissed with costs to the Plaintiffs.
Facts
The case arises from an Agreement of Sale dated 4th December 2012, where the Plaintiffs, Didier Georges Joseph Gihislain Crahay and Beatrice Marie Josee Julie Lucas, purchased the property from the 1st Defendant, Davidson Matano. The 2nd Defendant, Erastus Gicharu Kimani, acted as the 1st Defendant's advocate.
Issues
- Whether the 2nd Defendant is improperly enjoined as a party to the suit.
- Whether the 1st Defendant has received the purchase price from the 2nd Defendant.
- Whether the 2nd Defendant is a necessary party in the suit.
Reasoning
The Court finds that the 2nd Defendant is a necessary party in the suit despite his protest that he has ceased acting for the 1st Defendant. The Plaintiffs' allegations of fraud and the 1st Defendant's denial of receiving the purchase price provide a reasonable cause of action.
Outcome
Dismissed with costs
Authorities cited
Cases cited (1)
- DT Dobie & Company (K) Ltd –vs- Muchina (1982) KLR
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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