[2012] KEHC 5928 (KLR)
The court found that the intended plaintiffs demonstrated a valid and direct interest in the subject matter of the suit, as they are owners of apartments in the premises at issue. Their joinder is necessary to ensure that all persons whose rights may be affected by the outcome are before the court. The absence of...
Source-derived case information.
- Citation
- [2012] KEHC 5928 (KLR)
- Parties
- Plaintiff: Bernard Ondieki Moseti; Plaintiff: Joan Angela Numa; Applicant: James Gichuki; Applicant: Albert Otieno; Applicant: Wycliff Oluoch; Applicant: Lucy Wambui Kamau; Defendant: Chengdu Guanglingkenya Company Limited; Defendant: City Council of Nairobi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 512 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Joinder Application
- Outcome
- application for joinder allowed
- Judges
- REA Ougo
- Legal Topics
- Joinder of Parties, Apartment Ownership, Enjoinment Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bernard Ondieki Moseti
Plaintiff
Joan Angela Numa
Plaintiff
James Gichuki
Applicant
Albert Otieno
Applicant
Wycliff Oluoch
Applicant
Lucy Wambui Kamau
Applicant
Chengdu Guanglingkenya Company Limited
Defendant
City Council of Nairobi
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Joinder Application
Legal Issues
- 1 Whether the intended plaintiffs should be enjoined as parties to the suit.
- 2 Whether the intended plaintiffs have a valid interest in the subject matter of the suit.
Ratio Decidendi
The court found that the intended plaintiffs demonstrated a valid and direct interest in the subject matter of the suit, as they are owners of apartments in the premises at issue. Their joinder is necessary to ensure that all persons whose rights may be affected by the outcome are before the court. The absence of opposition from the respondents further supported the grant of the application. The court exercised its discretion to allow the joinder, holding that it would serve the interests of justice and facilitate the complete and effectual determination of the dispute.
Court Disposition
application for joinder allowed
Orders
- Prayers No. 2 and 3 of the application dated 31/5/12 are granted.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURT
Environmental & Land Case 512 of 2011
BERNARD ONDIEKI MOSETI……...………..1ST PLAINTIFF/RESPONDENT
JOAN ANGELA NUMA……………………….2ND PLAINTIFF/RESPONDENT
JAMES GICHUK..……….....………..INTENDED 3RD PLAINTIFF/APPLICANT
ALBERT OTIENO……….....…………INTENDED 4TH PLAINTIFF/APPLICANT
WYCLIFF OLUOCH…….....…................................………INTENDED 5TH PLAINTIFF/APPLICANT
LUCY WAMBUI KAMAU…........................................……INTENDED 6TH PLAINTIFF/APPLICANT
VERSUS
CHENGDU GUANGLINGKENYA COMPANY LIMITED……..….……1ST DEFENDANT/RESPONDENT
CITY COUNCIL OF NAIROBI…….......................................………2ND DEFENDANT/RESPONDENT
RULING
Before me is the application dated 31/5/12 filed by the intended 3rd, 4th and 6th plaintiff. The application was served on the respondent and none of them filed any document in opposition. The intended plaintiffs have in their supporting affidavit filed by James Gichuki explained the reasons they want to be enjoined. They have valid reasons being persons with apartments in the premises that is the subject of this suit. I find that their application has merit.
I therefore grant prayers No. 2 and 3 of the application dated 31/5/12. Costs shall be in the cause.
Dated, signed and delivered this 5thday of October 2012
R. OUGO
JUDGE
In the Presence of:-
………………………………………For the Applicants
……………………………………..For the Respondents
Kabiru..............................................Court Clerk