Elijah Kagondu v Elias Kimani Gitau & 2 others [2019] KEHC 1071 (KLR)
- Court
- High Court of Kenya
- Case number
- 1071
- Citation
- [2019] KEHC 1071 (KLR)
- Decided
- 14 November 2019
The trial court correctly dismissed the appellant's application as there was no consent on apportionment of liability between the plaintiff, the defendant, and the third party. The determination of liability in the test suit did not entitle the appellant to make a claim against the third party.
Facts
The appellant sued the defendants for damages following a road traffic accident. The defendants denied negligence and sought to enjoin the owner of the other vehicle as a third party. The trial court determined liability in favor of the defendants and entered judgment against them. The appellant sought to enforce judgment against the defendants' third party, but the trial court dismissed the application.
Issues
- Can a plaintiff enforce a judgment obtained against a defendant on a third party?
- Does the determination of liability in a test suit bind all related cases?
Reasoning
The court ruled that a plaintiff does not have a direct cause of action against a third party in a suit and cannot enforce a decree obtained against the defendant on a third party unless there is a consent on apportionment of liability or a court determination.
Outcome
Appeal dismissed with costs to respondents
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