YIAPAS OLE SEESE, JACKSON KIJANKO, SOLONKA OLE NAYIAHA, SAMUEL OLE PARASHURU & MEOLI OLE KIRASI V. SAKITA OLE NAROK, LEMOMO OLE NTENKESE & TUPET OLE MURRE

JUDGMENT OF THE COURT

This appeal is an example of the confusion which can ensue when proceedings start in a convoluted manner.

Yiapas Ole Seese, (1^st appellant), Jackson Kijanko (2^nd appellant), Solonka Ole Nayiaha (3^rd appellant), Samuel Ole Parashuru (4^th appellant) and Meoli Ole Kirasi (5^th appellant) commenced proceedings by plaint in the High Court at Nairobi, naming Sakita Ole Narok (1^st respondent), Lemomo Ole Ntenkese (2^nd respondent) and Tupet Ole Murre (3^rd respondent) as the defendants, and indicated that they were suing these three on their own behalf and on behalf of all members of Batimaru Group Ranch. In effect theirs was a representative suit within the meaning of Order 1 rule 8 (1) of the Civil Procedure Rules. The appellants realized this and on 13^th February, 2001, they brought an application by chamber summons under the aforesaid rule and section 3A of the Civil Procedure Act. Problems in their suit started when they included prayers in that application which, prima…