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Victor Mabachi & David Oliwa v. Nurtun Bates Limited

(2013) JELR 96538 (CA)

Court of Appeal  •  Civil Appeal 247 of 2005  •  4 Oct 2013  •  Kenya

Coram
Paul Kihara Kariuki, Philomena Mbete Mwilu, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

(1) This is an appeal from the ruling of the High Court (Kasango J.) delivered on 16th December, 2004 in which the learned Judge dismissed the appellants’ application seeking to dismiss the respondent’s suit on the basis that it was vexatious, frivolous and an abuse of the court process. The application was brought under Order 6 Rule 13 (1) (b) and (d), Order 1 Rule 1 and 10 (2) of the Civil Procedure Rules and Section 3A of the Civil Procedure Act. This is an interlocutory appeal as the suit in the High Court is still alive.

(2) The application arose out of a civil suit in the High Court in which the respondent herein brought a claim against Mediacom East Africa Limited (hereinafter Mediacom) and the appellants jointly and severally for Kshs.1,789,529.00, being monies allegedly owing on account of agency commissions. The prayer in the application before the High Court was that the appellants had been improperly joined as parties, and that their joinder in the suit…

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