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Grace Wangui Ngenye v. Chris Kirubi & Capital Group Limited

(2015) JELR 104847 (CA)

Court of Appeal  •  Civil Appeal 40 of 2010  •  11 Dec 2015  •  Kenya

Erastus Mwaniki Githinji, Martha Karambu Koome, Festus Azangalala



[1] This is an appeal from the ruling of the High Court (Sitati, J.) delivered on 1st October, 2009 whereby the High Court allowed the first respondent’s application for striking out his name from the suit, and in addition, dismissed the appellant’s application for striking out the defence by and for entry of judgment against the respondents.

[2] By an application dated 20th December, 2005 and filed on 30th January, 2006, the first respondent Chris Kirubi applied under Order 1 rule 10(2) 13, and 22 and Order VI Rule 13(1) (b) and (d) of Civil Procedure Rules (CPR) that his name be struck out from the suit for improper joinder. Further, by an application dated 16th February, 2006 and filed on 17th February, 2006, the appellant (Grace Wangui Ngenye) applied under Order VI rule 13(1) (b) (c) and (d) Civil Procedure Rules, that the statement of defence filed by the respondents be struck out and judgment be entered in favour of the appellant and that the suit to proceed…

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