MAGITUANITEKI SELF GROUP v BONIFACE NJIRU T/A NJIRU BONIFACE & CO. ADVOCATES & KENDONG RANCH LTD [2007] KEHC 240 (KLR)
- Court
- High Court of Kenya
- Case number
- 240
- Citation
- [2007] KEHC 240 (KLR)
- Decided
- 15 March 2007
The court finds that the Plaintiff's claim against the Defendant is not linked to the Defendant's relationship with Kendong Ranch Limited. The court dismisses the third party from the proceedings and directs the Defendant to pursue his claim against the third party in a different suit.
Facts
The Plaintiff sued the Defendant for KShs. 5,000,000, claiming the Defendant held the money as a stakeholder in an agreement for the sale of land between Kendong Ranch Limited and the Plaintiff. The Defendant claimed indemnity or contribution from Kendong Ranch Limited.
Issues
- Whether there is a proper question of liability to be tried between the Defendant and Kendong Ranch Limited.
- Whether the Defendant had authority from Kendong Ranch Limited to act for the company in respect of the sale and whether H.C. Kimeria had authority to instruct the Defendant or act on behalf of the company.
Reasoning
The court notes that the transactions are different and relate to different people and different subject matter, and that the issues do not substantially involve the same subject matter as the Plaintiff's suit against the Defendant.
Outcome
Defendant's motion dismissed.
Orders
- 3rd Party dismissed from proceedings.
- Defendant to pursue claim against 3rd Party in a different suit.
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