[2014] KEHC 7980 (KLR)
The court found that Constance Ngina Makuthi had demonstrated a direct and substantial interest in the subject matter of the appeal, being the legal wife of the deceased and mother to his children. Her exclusion from the original proceedings, coupled with the lack of opposition from the respondent and no objection...
Source-derived case information.
- Citation
- [2014] KEHC 7980 (KLR)
- Parties
- Appellant: Bustrack Limited; Respondent: Jonathan Mutungwa Katonge; Interested Party: Constance Ngina Makuthi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 841 of 2007
- Procedural Posture
- Civil Appeal / Ruling on Application for Joinder of Interested Party
- Outcome
- application for joinder allowed
- Legal Topics
- Joinder of Parties, Interested Party Status, Appeals Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bustrack Limited
Appellant
Jonathan Mutungwa Katonge
Respondent
Constance Ngina Makuthi
Interested Party
Procedural Posture
Civil Appeal / Ruling on Application for Joinder of Interested Party
Legal Issues
- 1 Whether Constance Ngina Makuthi should be enjoined as an interested party in the appeal.
- 2 Whether the application for joinder was properly served and unopposed.
Ratio Decidendi
The court found that Constance Ngina Makuthi had demonstrated a direct and substantial interest in the subject matter of the appeal, being the legal wife of the deceased and mother to his children. Her exclusion from the original proceedings, coupled with the lack of opposition from the respondent and no objection from the appellant, justified her joinder as an interested party. The court exercised its discretion under the Civil Procedure Rules to allow her participation to ensure all persons with a legitimate interest are represented and heard in the appeal.
Court Disposition
application for joinder allowed
Orders
- Constance Ngina Makuthi is hereby enjoined in this appeal as Interested Party.
- Costs will be in the cause.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL DIVISION
CIVIL APPEAL NO 841 OF 2007
BUSTRACK LIMITED......................................................APPELLANT
V E R S U S
JONATHAN MUTUNGWA KATONGE……………………RESPONDENT
CONSTANCE NGINA MAKUTHI………………...INTERESTED PARTY
R U L I N G
1. The Interested Party herein, Constance Ngina Makuthi seeks by chamber summons dated 31st May, 2013 leave to be enjoined in this suit as an Interested Party. She has deponed in the supporting affidavit that she was the legal wife of the Deceased in this case, Peter Kyalo Katonde, and that together they had two children who are living with her.
2. The Interested Party has further deponed that after the death of the Deceased she was violently abused, harassed, assaulted on many occasions and finally chased away from her matrimonial home by her late husband’s relatives led by the Respondent in this appeal, Jonathan Mutungwa Katonde, who filed the suit that gave rise to the appeal for damages on account of the death of the Deceased without the knowledge or consent of the Interested Party, and by using false information and other misrepresentation.
3. The Interested Party filed a further affidavit on 13th June, 2013 to which she annexed various documents in support of her relationship with the Deceased.
4. Despite service of the application upon him the Respondent has not filed any response to the application.
5. The Appellant, Bustrack Limited, has no objection to the Interested Party being enjoined in the appeal.
6. In the circumstances, I will allow the application; Constance Ngina Makuthi is hereby enjoined in this appeal as Interested Party. It is so ordered. Costs will be in the cause. It is so ordered.
DATED AND SIGNED AT NAIROBI THIS 28TH DAY OF MAY 2014
H.P.G.WAWERU
JUDGE
DELIVERED AT NAIROBI THIS 30TH DAY OF MAY 2014