AGRICULTURE SYNDICATE LTD v GIMU DEVELOPMENT COMPANY LTD & another [2008] KEHC 1799 (KLR)
- Court
- High Court of Kenya
- Case number
- 1799
- Citation
- [2008] KEHC 1799 (KLR)
- Decided
- 16 May 2008
The application is allowed, and the issues as to liability between the Defendant and the 3rd party, and between the Plaintiff and the Defendant, are to be determined together.
Facts
The Plaintiff filed a suit against the Defendant and a 3rd party, claiming a declaration of rescission of a sale agreement, damages, and injunctions. The Plaintiff alleged that the Defendant agreed to purchase a portion of land, but only received a deposit of Kshs.5,000,000/=.
Issues
- Liability between the Defendant and the 3rd party
- Liability between the Plaintiff and the Defendant
Reasoning
The application was brought under Order 1 Rule 18 of the Civil Procedure Rules, and the court was satisfied that there was a proper question to be tried as to the liability of the 3rd party. The 3rd party's advocates did not appear, and the application was not opposed.
Outcome
Appeal upheld
Orders
- Issues as to liability between the Defendant and the 3rd party, and between the Plaintiff and the Defendant, are to be determined together.
- Costs of the application are in the cause.
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