Gerald Mbagha Mwaviswa v Nairobi City County & another [2020] KEELC 1883 (KLR)
The bottom line
#A Kenyan court removed a defendant from a land dispute because the plaintiff failed to show any wrongdoing by that defendant.
What this practically means
#Executive summary
#Key legal issues
#Whether the 1st defendant was wrongly joined in the suit
The plaint discloses no cause of action against the 1st defendant; the plaintiff's complaint concerns only the 2nd defendant's refusal to renew the lease, so the 1st defendant is wrongly joined and is struck out.
The court considered the Chamber Summons under Order 1 Rule 10(2) and (14) and the plaintiff's replying affidavit. The plaint itself stated that the 2nd defendant held the mandate to renew the lease and that the plaintiff's grievance was the 2nd defendant's failure to renew. No wrong was attributed to the 1st defendant, nor any statutory role in the reliefs claimed shown, so joinder of the 1st defendant was improper.
Legal principles established
#- A party against whom the plaint discloses no cause of action, and who is alleged to have committed no wrong, is wrongly joined and may be struck out of the suit.
Court orders
#- 1.The 1st defendant be and is hereby struck out of the suit (application dated 25th June, 2018 allowed as prayed)
- Jurisdiction invoked
- Order 1 Rule 10(2) and (14) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gerald Mbagha Mwaviswa v Nairobi City County & another [2020] KEELC 1883 (KLR)", Case Analysis (2020). Chamber Summons application dated 25th June, 2018 (plaint dated 11th September, 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1883/eng@2020-06-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.