Joseph Wathua Kigwe v Total Kenya Limited [2005] KEHC 2410 (KLR)
- Court
- High Court of Kenya
- Case number
- 2410
- Citation
- [2005] KEHC 2410 (KLR)
- Decided
- 27 May 2005
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for selection of test suit and stay of proceedingsCoramH.P.G. WAWERU
Holding
The application is refused. The application is dismissed with costs to the Plaintiff.
Facts
Two plaintiffs, Joseph Wathua Kigwe and Total Kenya Limited, filed separate suits against each other. Each plaintiff entered into a separate marketing licence agreement with the defendant, Total Kenya Limited, for the same service station. However, the agreements were different in aspects of breach and relief sought.
Issues
- Whether the issues to be tried in both suits are precisely similar.
- Whether the plaintiffs in the suits could have been joined as co-plaintiffs in one suit under Rule 1 of Order I of the Rules.
Reasoning
The court found that the plaintiffs in the two suits are different and have different contractual relationships with the defendant based on two different licence agreements. The issues of fact are likely to be quite different, and the plaintiffs could not have been joined as co-plaintiffs in one suit.
Outcome
Application dismissed
Orders
- Application for selection of test suit and stay of proceedings is refused.
Authorities cited
Legislation (3)
- Civil Procedure Rules
- Order 37 of the Civil Procedure Rules
- Order 1 of the Civil Procedure Rules
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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