[2016] KEELC 299 (KLR)
The court found that the application to amend the plaint to enjoin the Attorney General as a defendant was not opposed by the existing defendants. The court held that the amendment was necessary for the proper adjudication of the dispute, particularly as it involved government interests in land. The court further...
Source-derived case information.
- Citation
- [2016] KEELC 299 (KLR)
- Parties
- Plaintiff: Betty Mukui (Suing as the administrator of the estate of Joseph Makori Juma) (Deceased); Defendant: Ben Mokaya; Defendant: Registrar Nakuru Land Office
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 76 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Amend Plaint
- Outcome
- application allowed
- Judges
- MA Silau
- Legal Topics
- Joinder of Parties, Amendment of Pleadings, Estate Land Disputes
- 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
Betty Mukui (Suing as the administrator of the estate of Joseph Makori Juma) (Deceased)
Plaintiff
Ben Mokaya
Defendant
Registrar Nakuru Land Office
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Amend Plaint
Legal Issues
- 1 Whether the plaintiff should be granted leave to amend the plaint to enjoin the Attorney General as a defendant.
- 2 Whether the application to amend the plaint is opposed by the existing defendants.
- 3 Who should bear the costs of the application to amend the plaint.
Ratio Decidendi
The court found that the application to amend the plaint to enjoin the Attorney General as a defendant was not opposed by the existing defendants. The court held that the amendment was necessary for the proper adjudication of the dispute, particularly as it involved government interests in land. The court further noted that there was no demonstrated prejudice to the other parties. However, the court ordered the plaintiff to bear the costs of the application, as there was an opportunity to have pleaded the case properly at the outset. Accordingly, leave to amend the plaint was granted, and the amended plaint was to be filed and served in the usual manner.
Court Disposition
application allowed
Orders
- Leave is granted to the plaintiff to amend the plaint to enjoin the Attorney General as 3rd defendant.
- The amended plaint shall be filed and served in the usual manner.
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. 76 OF 2015
BETTY MUKUI (Suing as the administrator of the estate of
JOSEPH MAKORI JUMA) (DECEASED)...............PLAINTIFF
VERSUS
BEN MOKAYA...........................................1ST RESPONDENT
REGISTRAR NAKURU LAND OFFICE.....2ND DEFENDANT
RULING
(Application to amend plaint to enjoin Attorney General; application not opposed; application allowed)
1. The application before me is that dated 3 February 2016. It seeks leave to amend the plaint.
2. The plaint as originally filed is against two persons. The 1st defendant is Ben Mokaya and the 2nd defendant is The Registrar, Nakuru Lands Registry. It is the case of the plaintiff that the land parcel Njoro/Ngata Block 1/ 1382 (New Kiambu) forms part of the estate of one Joseph Makori Juma (deceased). It is claimed that the 1st defendant is interfering with it and that the 2nd defendant has failed to intervene.
3. In the proposed draft amended plaint, I can see that what the plaintiff wants is to enjoin the Attorney General to these proceedings as 3rd defendant. The proposed joinder of the Attorney General is said to be founded in Section 2 (1) of the Government Proceedings Act, CAP 40, Laws of Kenya.
4. I have no problem allowing the application which in any event is not opposed. I grant leave to the plaintiff to amend the plaint. The same be filed and served in the usual manner. The plaintiff will however shoulder the costs of the application as there was opportunity to plead the case properly 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
N/A on part of M/s Elizabeth Wangari for 1st defendant
N/A on part of 2nd defendant
Court Assistant: Janet
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU