Alessandro Torriani Marine Power House Limited t/a the Funzi Keys v Christopher Happe;Jamal Ali Vuyaa (Interested Party) [2018] KEHC 362 (KLR)
- Court
- High Court of Kenya
- Case number
- 362
- Citation
- [2018] KEHC 362 (KLR)
- Decided
- 4 December 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for leave to be enjoined and to retract statementCoramGlass, Kitto, Mahoney, Mason
Holding
The court denied the application to be enjoined as an interested party and to retract the statement.
Facts
The applicant, Jamal Ali Vuyaa, sought to be enjoined in the proceedings as a necessary and/or interested party, and to retract his statement and affidavit sworn on 23rd August, 2010.
Issues
- Whether the applicant should be enjoined to these proceedings as a necessary and/or interested party.
- If the applicant should be allowed to retract his statement and affidavit sworn on 23rd August, 2010.
Reasoning
The court found that the applicant did not prove that he was unduly influenced by the defendant or that the statement was meant to deflect liability from the defendant to him. The court also noted that no separate proceedings have been commenced against the applicant by the plaintiffs.
Outcome
Application dismissed
Authorities cited
Cases cited (4)
- Rose Wambui Wahito v John Ian Maingey [2013] eKLR
- Francis Karioki Muruatetu & Another vs Republic & 5 Others [2016] eKLR
- Meme v Republic [2004] 1 EA
- Tuwamoi -Vs- Uganda [1967] EA 84
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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