Kawamambanjo Ltd & another v National Bank of Kenya Ltd & 6 others [2012] KEHC 2251 (KLR)
- Court
- High Court of Kenya
- Case number
- 2251
- Citation
- [2012] KEHC 2251 (KLR)
- Decided
- 28 September 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a previous judgmentCoramA. MABEYA
Holding
The application to strike out the 5th Defendant (Walker) as a party from the suit is dismissed.
Facts
The 5th Defendant (Walker) had settled his portion of liability in a previous decree, and the 1st Defendant (National Bank of Kenya) sought to have Walker's name struck out as a party due to the suit being scandalous, frivolous, vexatious, and an abuse of the court process.
Issues
- Whether the suit against the 5th Defendant is scandalous, frivolous, vexatious, and an abuse of the court process.
- Whether the suit arises out of a decree made in HCCC No. 4698 of 1987 wherein the 5th Defendant had settled his portion of liability.
Reasoning
The court found that the suit is not scandalous, frivolous, vexatious, or an abuse of the court process, and that there is a reasonable cause of action against the 5th Defendant.
Outcome
The application to strike out the 5th Defendant (Walker) as a party from the suit is dismissed.
Orders
- The application to strike out the 5th Defendant (Walker) as a party from the suit is dismissed.
Authorities cited
Legislation (2)
- Civil Procedure Act
- 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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