[2016] KEHC 6629 (KLR)
The court found that enjoining Lilian Kananu Nanga as an interested party would not prejudice the other parties and would enable all parties to be heard, thus allowing the court to determine the suit on its merits. The court also noted that there was no inordinate delay in bringing the application and that the...
Source-derived case information.
- Citation
- [2016] KEHC 6629 (KLR)
- Parties
- Plaintiff: Bernard Gitonga Mathews; Defendant: Joseph Mukuni; Applicant: Lilian Kananu Nanga
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 139 of 2012
- Procedural Posture
- Civil Case / Ruling on Application for Joinder of Interested Party
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Joinder of Parties, Interested Party Application, Delay in Application
- Source Language
- en
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Summary, issues, holding and outcome
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Parties
Bernard Gitonga Mathews
Plaintiff
Joseph Mukuni
Defendant
Lilian Kananu Nanga
Applicant
Procedural Posture
Civil Case / Ruling on Application for Joinder of Interested Party
Legal Issues
- 1 Whether Lilian Kananu Nanga should be enjoined as an interested party out of time.
- 2 Whether the joinder would prejudice the existing parties.
- 3 Whether there was inordinate delay in bringing the application.
Ratio Decidendi
The court found that enjoining Lilian Kananu Nanga as an interested party would not prejudice the other parties and would enable all parties to be heard, thus allowing the court to determine the suit on its merits. The court also noted that there was no inordinate delay in bringing the application and that the applicant's participation could assist in resolving the issues in dispute. Accordingly, the application for joinder was allowed.
Court Disposition
application allowed
Orders
- Lilian Kananu Nanga is enjoined as an interested party in the suit.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO. 139 OF 2012
BERNARD GITONGA MATHEWS.....................................................PLAINTIFF
VERSUS
JOSEPH MUKUNI ….......................................................................DEFENDANT
LILIAN KANANU NANGA...........................INTERESTED PARTY/APPLICANT
R U L I N G
This Application is dated 13/03/2015 and seeks orders:-
THAT the Honourable Court be pleased to enjoin Lilian Kananu Nanga as the interested party herein out of time.
THAT the Honourable Court be pleased to make any other or such orders as may meet the ends of justice.
Costs be provided for.
The application is buttressed by the affidavit of Lilian Kananu Nanga and has the following grounds:-
THAT it is necessary that LILIAN KANANU NANGAbe enjoined in this suit to enable this Honourable Court determine the issues at variance between the parties .
THAT the Plaintiff will not be prejudiced in any manner should the orders sought be granted.
THAT there is no inordinate delay in bringing this application.
The Defendant has not responded to the application even though this date for directions was taken in the presence of the Clerk of the Defendant's Advocate.The Plaintiff has opposed the Application through his Replying Affidavit dated 21st May, 2015 and filed on 3rd July, 2015.
He says that the Application is an afterthought and an abuse of the Court process as the applicant had not gone through the necessary adjudication process and has never owned the suitland. Mr. B.G Kariuki, for the Plaintiff however opined that perhaps the applicant will produce the necessary documents during the hearing.
I have considered the pleadings and all germane issues in this matter. It is my view that enjoining the applicant in the suit will not prejudice the other parties at all. It will enable all parties to be heard and enable the Court to hear and determine the suit on its merits. In the Circumstances, the application is allowed. Costs shall be in the cause.
It is so ordered.
Delivered in open Court at Meru this 22nd day of February, 2016 in the presence of:
CC: Lilian /Daniel
Omari for the Applicant
B.G Kariuki for the Plaintiff
P. M. NJOROGE
JUDGE