CATHERINE NDUTA NGARACHU Suing as personal & Legal Representative of the estate of Nashon Kuria Ngarachu (deceased) v PETER GITAU NJONDE & another [2012] KEHC 2153 (KLR)

Facts

The 2nd defendant, Southern Credit Banking Corporation Ltd, filed a Chamber Summons application seeking to be struck out of the suit due to being wrongly joined as a defendant. The 1st defendant, Peter Gitau Njonde, and the 2nd defendant entered into a contract for a term loan facility for the purchase of a vehicle, with joint registration over the vehicle.

Issues

1. Whether the 2nd defendant has been wrongly joined in the suit
2. Technical issues raised by the Plaintiff's counsel

Reasoning

The application was brought under the correct provisions of the law, and the lack of authority under seal is an omission that is not fatal to the application. The extent of the applicant's interest in the subject motor vehicle is a matter to be determined by the trial court.

Outcome

Dismissed with no order as to costs

Authorities cited