[2015] KEHC 2885 (KLR)
The court found that the intended interested parties, being operators from the parking space that is the subject of the petition, have a direct and substantial interest in the outcome of the proceedings. In the interest of justice and in accordance with the principles of natural justice and fair hearing, it is...
Source-derived case information.
- Citation
- [2015] KEHC 2885 (KLR)
- Parties
- Applicant: Abdul Majid Suleman; Applicant: Kulsum Suleman; Applicant: Abdul Latif Suleman; Respondent: The County Government of Meru; Interested Party: Memati Sacco Limited; Interested Party: Rumeto Sacco Limited; Interested Party: Meru County Cabs Association
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Petition 15 of 2015
- Procedural Posture
- Constitutional Petition / Ruling on Joinder Application
- Outcome
- application for joinder allowed
- Judges
- FM Njoroge
- Legal Topics
- Joinder of Parties, Right to Be Heard, Fair Trial, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Abdul Majid Suleman
Applicant
Kulsum Suleman
Applicant
Abdul Latif Suleman
Applicant
The County Government of Meru
Respondent
Memati Sacco Limited
Interested Party
Rumeto Sacco Limited
Interested Party
Meru County Cabs Association
Interested Party
Procedural Posture
Constitutional Petition / Ruling on Joinder Application
Legal Issues
- 1 Whether the intended interested parties should be joined to the proceedings as their interests may be affected by the outcome.
- 2 Whether the right to be heard requires that the interested parties participate before any adverse orders are made.
Ratio Decidendi
The court found that the intended interested parties, being operators from the parking space that is the subject of the petition, have a direct and substantial interest in the outcome of the proceedings. In the interest of justice and in accordance with the principles of natural justice and fair hearing, it is necessary that they be joined as interested parties to enable them to participate and be heard before any orders that may affect their rights or interests are issued. The applicants did not oppose the application for joinder, and the court exercised its discretion to allow the application, ensuring that all affected parties are before the court for a fair and complete determination...
Court Disposition
application for joinder allowed
Orders
- Memati Sacco Limited, Rumeto Sacco Limited and Meru County Cabs Association are joined as 1st, 2nd and 3rd Interested Parties respectively and shall be served with all proceedings filed herein.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
PETITION NO . 15 OF 2015
ABDUL MAJID SULEMAN (suing on his behalf
and also as legal representative of the estate of
Abdul Aziz Suleman Deceased )...................1st PETITIONER/APPLICANT
KULSUM SULEMAN …..................................2nd PETITIONER/APPLICANT
ABDUL LATIF SULEMAN................................3rd PETITIONER/APPLICANT
VERSUS
THE COUNTY GOVERNMENT OF MERU............................RESPONDENT
RULING
This application, brought to Court by way of a Notice of Motion , is dated 31st day of July, 2015 and seeks Orders that:-
1. Memati Sacco Limited, Rumeto Sacco Limited and Meru County Cabs Association be joined in these proceedings as 1st, 2nd and 3rd Interested Parties respectively and be served with all proceedings filed herein.
2. Costs of this Application be provided for.
The application is buttressed by the following grounds:-
a) The members of the 1st, 2nd and 3rd Interested Parties are owners of Taxis Operators/ Matatus who are currently operating from the parking space which is subject matter of the suit herein.
b) The orders sought by the Petitioners herein seek to evict the said members of the 1st, 2nd and 3rd Intended Interested Parties from operating from the said parking space.
c) It is in interest of Justice that the 1st, 2nd and 3rd Intended Interested Parties be heard before any orders that may affect them are issued by this Honourable Court.
d) The orders sought will enable this Honourable Court to adjudicate upon and settle the matter after hearing all parties that may be affected by the ruling or judgement delivered by this Honourable Court.
During mention for directions on 23/09/2015, Mr. Kitheka, for the applicants, told the Court that he was not opposed to the application and urged the Court to allow it. In the circumstances this application is allowed.
Costs shall be in the Cause.
Delivered in Open Court at Meru this 23rd day of September, 2015 in the presence of:
CC: Daniel/Lilian
Kitheka for the Petitioners
Igweta holding brief for Kiruki for the Intended Interested Parties
P.M NJOROGE
JUDGE