[2014] KEHC 165 (KLR)
The court found that the applicant, Festus Mwiti M'Ikiugu, was directly affected by the stay orders issued in Meru High Court Civil Case No. 31 of 2011, as he was the plaintiff in the related Meru CMCC No. 42 of 2011. The orders had been granted without his participation, contrary to the principles of natural...
Source-derived case information.
- Citation
- [2014] KEHC 165 (KLR)
- Parties
- Plaintiff: Ann Nkatha; Defendant: George Cheme Muguna; Applicant: Festus Mwiti M'Ikiugu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 31 of 2011
- Procedural Posture
- Civil Suit / Ruling on Application for Joinder and Review of Stay Orders
- Outcome
- Application allowed by consent; applicant enjoined as interested party; costs in the cause.
- Legal Topics
- Joinder of Parties, Review of Court Orders, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ann Nkatha
Plaintiff
George Cheme Muguna
Defendant
Festus Mwiti M'Ikiugu
Applicant
Procedural Posture
Civil Suit / Ruling on Application for Joinder and Review of Stay Orders
Legal Issues
- 1 Whether Festus Mwiti M'Ikiugu should be enjoined as an interested party in the suit.
- 2 Whether the orders staying proceedings in Meru CMCC No. 42 of 2011 should be reviewed and set aside.
- 3 Whether the interim orders were granted in breach of the rules of natural justice.
Ratio Decidendi
The court found that the applicant, Festus Mwiti M'Ikiugu, was directly affected by the stay orders issued in Meru High Court Civil Case No. 31 of 2011, as he was the plaintiff in the related Meru CMCC No. 42 of 2011. The orders had been granted without his participation, contrary to the principles of natural justice and fair hearing. The parties consented to the application, and the court, recognizing the necessity of the applicant's participation for the complete and just resolution of the dispute, allowed the application for joinder and review of the stay orders. Costs were ordered to be in the cause.
Court Disposition
Application allowed by consent; applicant enjoined as interested party; costs in the cause.
Orders
- Festus Mwiti M'Ikiugu is enjoined as an interested party in Meru High Court Civil Case No. 31 of 2011.
- The orders staying proceedings in Meru CMCC No. 42 of 2011 are reviewed and set aside.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KEYA AT MERU
CIVIL SUIT NO. 31 OF 2011
ANN NKATHA...................................PLAINTIFF
VERSUS
GEORGE CHEME MUGUNA......................DEFENDANT
FESTUS MWITI M'IKIUGU......INTENDED INTERESTED PARTY
R U L I N G
This application is dated 6th October, 2014 and seeks orders:-
THATthis honourable court be pleased to grant leave to FESTUS MWITI M'IKIUGU to be enjoined in the suit herein as an interested party for orders:
THATthe honourable court be pleased to review and set aside the orders of this court staying proceedings in Meru CMCC No.42 of 2011.
THATthe Honourable court be pleased to grant any such further and/or better orders to meet the ends of Justice.
THATthe costs of this application be provided for.
It is predicated upon the following grounds.
THATintended interested party is the plaintiff in Meru CMCC NO.42 OF 2011.
THATintended interested party was on 1st October, 2014 served with the application dated 25th September, 2014 and filed in court on 29th September, 2014 when he has not been enjoined as a party in the present proceedings to wit; MERU HIGH COURT CIVIL CASE NO. 31 of 2011.
THATthe plaintiff herein vide an application dated 25th September, 2014 sought interim orders staying proceedings in Meru CMCC NO. 42 OF 2011 which orders affects the interested party adversely.
THATthe plaintiff and the Defendant therein have colluded to delay justice in Meru CMCC NO. 42 OF 2011.
THATthe proceedings herein were filed after I had filed and served the pleadings in Meru CMCC NO. 42 OF 2011.
THATthe interested party's presence before the court is necessary in order to enable the court effectually and completely to adjudicate upon and settle all questions involved in the application dated 25th September, 2014, filed on 29th September, 2014 and served upon the intended interested party/applicant on 1st October, 2014.
THATthe said interim orders have adversely affected the intended interested party's rights over Meru CMCC NO.42 OF 2011 for justice delayed is justice denied.
THATthe prayers sought vide this application will not prejudice the interested of the parties herein.
THATthe application dated 25th September, 2014 offends the cardinal principal of natural justice as it seeks adverse orders against the interested party when the plaintiff has made no efforts to enjoin him in the application and or suit and if the same proceeds the way it is intituled,(sic) the intended interested party stands to suffer great loss and prejudice before he is heard, contrary to the word and spirit of the Kenya constitution, 2010.
THATthe procedure adopted herein is unknown in our Kenya Civil Jurisprudence.
On 15. 10. 2014 when the application was to be heard, the parties by consent, asked the court to allow the Application. It is, therefore, allowed with costs to be in the cause.
Delivered in Open Court at Meru this 15th day of October, 2014 in the presence of:
Cc. Daniel/Lilian
D.J. Mbaya for applicant/Interested Party
Muthamia h/b Mrs Kaume for Respondent
Muthomi for defendant
P. M. NJOROGE
JUDGE