Air Afrik Aviation Limited v Stanbic Bank Kenya Limited [2020] KEHC 10066 (KLR)
- Court
- High Court of Kenya
- Case number
- 10066
- Citation
- [2020] KEHC 10066 (KLR)
- Decided
- 14 September 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a trial court orderCoramD. S. MAJAN, D. S. MAJANJA
Holding
The court reviews the order made by the court on its own motion and sets aside Orders 4, 5, and 6 of the said order.
Facts
The Defendant filed a Chamber Summons seeking leave to join the Bank of South Sudan as an additional Defendant and to serve process on the Bank of South Sudan by substituted service. The Plaintiff was aggrieved by the court's suo moto orders.
Issues
- Whether the court had jurisdiction to order joinder of a party and direct amendment of a pleading
- Whether the Plaintiff had a cause of action against the Bank of South Sudan
Reasoning
The court agrees with the Plaintiff that it did not seek to join or amend its pleading since it does not have a cause of action against the Bank of South Sudan. The court finds sufficient cause to review the order made by the court on its own motion.
Outcome
The court sets aside Orders 4, 5, and 6 of the order made on 15th May 2020.
Orders
- Orders 4, 5, and 6 of the order made on 15th May 2020 are set aside.
- There shall be no order as to costs.
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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