RICARDI LUIGI v PORCONI EMILIETTA & ANOTHER [2005] KEHC 3389 (KLR)
- Court
- High Court of Kenya
- Case number
- 3389
- Citation
- [2005] KEHC 3389 (KLR)
- Decided
- 14 July 2005
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeApplication to strike out Third Party NoticePostureApplication to strike out Third Party Notice filed by the plaintiffCoramW.Ouko
Holding
The Third Party Notice is hereby struck out with costs
Facts
The plaintiff filed a suit for damages for negligence arising from a fire that started from the defendants' cottages and spread to the plaintiff's house. The defendants filed a Third Party Notice, and a consent order was later entered by the Deputy Registrar. The Third Party Notice was issued without leave of the court.
Issues
- Whether the Third Party Notice was issued without leave of the court
- Whether the Third Party proceedings are valid
Reasoning
The court found that the Third Party Notice was issued without leave of the court, and the Third Party proceedings are a nullity.
Outcome
The Third Party Notice is struck out with costs
Orders
- The Third Party Notice is struck out with costs
- Leave is granted to the defendants to commence afresh third party procedure within 30 days from today
Remedies
- Striking out the Third Party Notice with costs
Authorities cited
Legislation (1)
- 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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