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Wilson Macharia Kabugi v Equity Bank Limited [2020] KEHC 2195 (KLR)

[2020] KEHC 2195 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2195
Citation
[2020] KEHC 2195 (KLR)
Decided
15 October 2020
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureDefendant's Application to join 2nd defendantCoramA.MBOGHOLI MSAGHA
Holding

The application to join the 2nd defendant is allowed.

Facts

The plaintiff sued the defendant for unfreezing his bank account, which had been frozen and made inaccessible. The defendant moved to join a 2nd defendant.

Issues

  1. Joinder of the 2nd defendant
  2. Prejudice to the plaintiff

Reasoning

The court ruled that joining the 2nd defendant is necessary to facilitate the just determination of the real dispute between the parties and no prejudice will be occasioned to the plaintiff.

Outcome

The application is allowed.

Orders

  • The 2nd defendant shall be served with the pleadings by the 1st defendant.
  • The 2nd defendant shall enter appearance and file a statement of defence within 15 days from the date of service.
  • Costs in the cause.

Authorities cited

Legislation (2)
  • Civil Procedure Rules, Order 1 Rule 3
  • Civil Procedure Rules, Order 10
Cases cited (1)
  • JMK vs. MWM & Another (2015) e KLR
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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