[2016] KEELC 298 (KLR)
The court found that the Attorney General is a necessary party to the proceedings because the Land Registrar, being a government employee, requires the Attorney General's representation under Section 2(1) of the Government Proceedings Act. The application to amend the plaint was unopposed, and the court saw no...
Source-derived case information.
- Citation
- [2016] KEELC 298 (KLR)
- Parties
- Plaintiff: Betty Mukui (Suing as the administrator of the estate of Joseph Makori Juma) (Deceased); Plaintiff: Jacquelyne Kwamboka Makori (Suing as the Administrator of the Estate of Joseph Makori Juma (Deceased)); Defendant: Kennedy Osimba; Defendant: Registrar Nakuru Lands Registry
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 77 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Amend Plaint
- Outcome
- Application to amend plaint allowed; costs to plaintiffs.
- Judges
- MA Silau
- Legal Topics
- Joinder of Parties, Amendment of Pleadings, Government Proceedings, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Betty Mukui (Suing as the administrator of the estate of Joseph Makori Juma) (Deceased)
Plaintiff
Jacquelyne Kwamboka Makori (Suing as the Administrator of the Estate of Joseph Makori Juma (Deceased))
Plaintiff
Kennedy Osimba
Defendant
Registrar Nakuru Lands Registry
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Amend Plaint
Legal Issues
- 1 Whether the Attorney General should be joined as a defendant pursuant to Section 2(1) of the Government Proceedings Act.
- 2 Whether the plaintiffs should be allowed to amend the plaint to include the Attorney General as a party.
Ratio Decidendi
The court found that the Attorney General is a necessary party to the proceedings because the Land Registrar, being a government employee, requires the Attorney General's representation under Section 2(1) of the Government Proceedings Act. The application to amend the plaint was unopposed, and the court saw no reason to deny it. However, the plaintiffs were ordered to bear the costs of the application since they had the opportunity to include all necessary parties at the outset. The court thus allowed the amendment and directed the amended plaint to be filed and served within 14 days.
Court Disposition
Application to amend plaint allowed; costs to plaintiffs.
Orders
- Plaintiffs granted leave to amend the plaint to join the Attorney General as 3rd defendant.
- Amended plaint to be filed and served within 14 days.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
ELC NO. 77 OF 2015
BETTY MUKUI (Suing as the administrator of the estate
of JOSEPH MAKORI JUMA) (Deceased).....................................1st PLAINTIFF
JACQUELYNE KWAMBOKA MAKORI (Suing as the Administrator of
THE ESTATE OF JOSEPH MAKORI JUMA (Deceased)..............2nd PLAINTIFF
VERSUS
KENNEDY OSIMBA.......................................................................1ST DEFENDANT
REGISTRAR NAKURU LANDS REGISTRY................................2ND DEFENDANT
RULING
1. The application herein is that dated 3 March 2016 seeking to amend the plaint.
2. In the plaint as filed, the plaintiff has sued one Kennedy Osimba and the Land Registrar Nakuru. In this application, the plaintiff wishes to add the Attorney General as 3rd defendant. It is the view of the plaintiffs that the presence of the Attorney General is necessary pursuant to Section 2 (1) of the Government Proceedings Act since the Land Registrar is an employee of Government .
3. I have no problem allowing the application which is otherwise not opposed. I direct that the amended plaint be filed and served in 14 days.
4. The plaintiffs will however shoulder the costs of the application, as they had opportunity to file a proper plaint in the first instance.
5. It is so ordered.
Dated, signed and delivered in open Court at Nakuru this 16th day of March 2016.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU
In presence of :
Ms. Chege for plaintiffs/applicant
Mr Nyamwange present for 1st defendant
No appearance on part of 2nd defendant
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU