ASOMDWEE GROUP LIMITED TEMA V. AIRLAND COMPANY LIMITED & 3 ORS

RULING

Order 5 of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) provides in pertinent part that:

“5. (1) No proceedings shall be defeated by reason of misjoinder or non-joinder of any party; and the Court may in any proceeding determine the issues or questions in dispute so far as they affect the rights and interests of the persons who are parties to the proceedings.

(2) At any stage of proceedings the Court may on such terms as it thinks just either of its own motion or on application

(a) order any person who has been improperly or unnecessarily made a party or who for any reason is no longer a party or a necessary party to cease to be a party;”

The Applicant, 2nd Defendant herein, by way of this present application, has invoked these rules and the powers of the court arising from its inherent jurisdiction to seek an order striking out his name from the suit as a party. He grounds his application on reasons set out in his affidavit in support, which he deposed to personally. The …