[2008] KEHC 1189 (KLR)
The court held that it is prudent and necessary to join all parties who claim an interest in the suit land so that all claims can be determined in a single proceeding. The court found that the intended defendants are directly affected by the outcome of the case and their joinder is essential for the complete and...
Source-derived case information.
- Citation
- [2008] KEHC 1189 (KLR)
- Parties
- Plaintiff: B2 Yatta Ranching Co-operative Society Ltd; Defendant: County Council of Kitui; Defendant: Cedric S. Mwanzia; Defendant: Muthengi Mulambaya; Defendant: Musyokisyuki; Defendant: Nguu Ndongai; Defendant: Benson Nguthu; Defendant: Festus Musumba Kakya
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Case 9 of 2008
- Procedural Posture
- Civil Case / Ruling on Application for Joinder of Parties
- Outcome
- application allowed
- Judges
- I Lenaola
- Legal Topics
- Joinder of Parties, Necessary Parties, Adjudication of Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
B2 Yatta Ranching Co-operative Society Ltd
Plaintiff
County Council of Kitui
Defendant
Cedric S. Mwanzia
Defendant
Muthengi Mulambaya
Defendant
Musyokisyuki
Defendant
Nguu Ndongai
Defendant
Benson Nguthu
Defendant
Festus Musumba Kakya
Defendant
Procedural Posture
Civil Case / Ruling on Application for Joinder of Parties
Legal Issues
- 1 Whether the intended defendants should be joined as parties to the suit.
- 2 Whether the joinder of the intended defendants is necessary for the effective and complete adjudication of the issues in dispute.
- 3 Whether the joinder would prejudice the plaintiff or delay the proceedings.
Ratio Decidendi
The court held that it is prudent and necessary to join all parties who claim an interest in the suit land so that all claims can be determined in a single proceeding. The court found that the intended defendants are directly affected by the outcome of the case and their joinder is essential for the complete and effective adjudication of the dispute. The court was not persuaded that the possibility of delay or the existence of another suit (HCCC 76/2003) was sufficient reason to deny the application for joinder. The court reiterated its earlier position that all claims over the suit land should be resolved together, and allowed the application as prayed, declining to make any order as to...
Court Disposition
application allowed
Orders
- Joseph Ndeli Musyoka, Pius Kakono Kau, Geoffrey Kasinga Sambi, Beatrice Matheka and Munini Kithami are joined as the 8th, 9th, 10th, 11th and 12th defendants respectively.
- No order as to costs.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
Civil Case 9 of 2008
B2 YATTA RANCHING CO-OPERATIVE SOCIETY LTD.................................PLAINTIFF
VERSUS
COUNTY COUNCIL OF KITUI................................................1st DEFENDANT
CEDRIC S. MWANZIA................................................2ND DEFENDANT
MUTHENGI MULAMBAYA................................................RD DEFENDANT
MUSYOKISYUKI................................................4TH DEFENDANT
NGUU NDONGAI...............................................5TH DEFENDANT
BENSON NGUTHU................................................:6TH DEFENDANT
FESTUS MUSUMBA. KAKYA................................................7TH DEFENDANT
RULING
1. The Application dated 16. 6.2008 seeks orders that;
“i. That notice of this application be dispensed with and this
application be heard ex-parte in the first instance.
ii.That Joseph Ndeli Musyoka, Pius Kakono Kau, Geoffrey Kasinga Sambi, , Beatrice Matheka and Munini Kithami be joined or added to this suit as the 8th, 9th, 10th 11th and 12th defendants respectively.
iii.That the costs of this application be provided for.”
2. I have read the Supporting Affidavit of Pius Kakono Kau, seen the annextures thereto and also perused the Replying Affidavit of George Wambua, Clerk to the 1st Defendant Council as well as that of James Masila Simba. I have also read my Ruling delivered on 14. 4.2008 whereat I allowed joinder of a number of persons as Defendants in this suit. In doing so I stated as follows:
“It would be prudent that all issues between all persons claiming either a leasehold interest or an absolute ownership over L.R.No. 12010 Katoteni be determined in one suit.”
3. In the present Application, the Applicants have relied on the following grounds:
“(a) That the intended defendants are all residents of the land that is the subject of the suit herein between the Plaintiff and the current Defendants.
b)That the intended Defendant are directly affected by the matters the subject of this suit and any orders made in this suit will directly affect them and will ultimately be binding upon them.
c)That the intended Defendants are necessary parties and their presence in the suit will enable the court to effectively and completely adjudicate upon and settle all the issues or questions involved.
d)That the presence of the intended Defendants in this suit will not prejudice the Plaintiff in any way.”
4. From submissions made before me, the only serious issue raised in opposition to the Application is that the Applicants are also parties to HCCC 76/2003 and that if they are joined in the present suit, they will only delay its finalization or that they will invoke section 6 of the Civil Procedure Act and stay the present suit.
5. My view remains the same as it was in the prior Ruling; let all parties that have any claim over the suit land be joined so that all those varying claims can be determined at once. Matters regarding HCCC 76/2003 will be dealt with in due course but I see no reason to deny the Application which is allowed as prayed.
6. I decline to make any order as to costs.
7. Orders accordingly.
Dated and delivered at Machakos this 16thday ofOctober 2008.
Isaac Lenaola
Judge
In the presence of: Mr. Macharia for 2nd – 8th Defendant
Mr.Makau h/b for Mr. Kalili for 1st Defendant
Isaac Lenaola
Judge