[2020] KEELC 297 (KLR)
The court found that Mutegi Dan, as a beneficiary under the confirmed grant and representing the interests of other dependents, had demonstrated a direct and substantial interest in the subject matter of the suit. The orders sought by the plaintiffs could potentially prejudice the inheritance rights of the...
Source-derived case information.
- Citation
- [2020] KEELC 297 (KLR)
- Parties
- Plaintiff: Catherine Wanja Njoka; Plaintiff: Dorothy Kagendo Muriuki; Defendant: John Njagi Dan; Applicant: Mutegi Dan
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 24 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Joinder of Interested Party
- Outcome
- Application for joinder of interested party granted.
- Judges
- FM Njoroge
- Legal Topics
- Joinder of Parties, Interested Party, Inheritance Disputes, Confirmation of Grant
- 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
Catherine Wanja Njoka
Plaintiff
Dorothy Kagendo Muriuki
Plaintiff
John Njagi Dan
Defendant
Mutegi Dan
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Application for Joinder of Interested Party
Legal Issues
- 1 Whether Mutegi Dan should be enjoined as an interested party to protect the interests of all beneficiaries under the confirmed grant.
- 2 Whether the orders sought by the plaintiffs would prejudice the dependents' inheritance rights.
Ratio Decidendi
The court found that Mutegi Dan, as a beneficiary under the confirmed grant and representing the interests of other dependents, had demonstrated a direct and substantial interest in the subject matter of the suit. The orders sought by the plaintiffs could potentially prejudice the inheritance rights of the dependents, as the property in question had already been subdivided among them. Since the other parties did not oppose the application and it was in the interest of justice to allow all affected parties to be heard, the court granted the application to enjoin Mutegi Dan as an interested party. Costs were ordered to be in the cause.
Court Disposition
Application for joinder of interested party granted.
Orders
- Mutegi Dan is enjoined to the proceedings as an interested party (suing on his own behalf and on behalf of all other beneficiaries as per the confirmed grant dated 15th November, 2018).
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 24 OF 2019
CATHERINE WANJA NJOKA................................................1ST PLAINTIFF
DOROTHY KAGENDO MURIUKI.......................................2ND PLAINTIFF
VERSUS
JOHN NJAGI DAN.......................................................................DEFENDANT
MUTEGI DAN.........................................PROPOSED INTERESTED PARTY
RULING
1. This application which is brought to court under Sections 1A, 1B, 3 and 3A of the Civil Procedure Act and Orders 1 Rule 3 and 51 Rule 1 of the Civil Procedure Rules seeks the following orders:
1. THAT there be an order to enjoin one MUTEGI DAN to these proceedings as an interested party (Suing on his own behalf and on behalf of all the other beneficiaries as per the confirmed grant dated 15th November, 2018.
2. Cost of this application be borne by the plaintiffs.
2. The application is supported by the affidavit of Mutegi Dan, the applicant, sworn on 26th October, 2020.
3. The application has the following grounds:
1. THAT the orders sought by the plaintiffs herein as against the defendant will prejudice the dependents of their rightful inheritance since the property was already subdivided amongst all the dependents according to the certificate of confirmation dated 15th November, 2018.
2. THAT the interested party MUTEGI DAN and the other dependents of the deceased stand to suffer irreparable harm since any orders granted by this Honourable court will adversely affect them.
3. THAT it is in the interest of justice that the applicant therefore be enjoined to safeguard their interest and be given the right to redress before court.
4. When the application was heard on 14/12/2020, the other parties indicated that they were not opposed to the application.
5. In the circumstances the following orders are issued:
a) Prayer 1 is granted.
b) Cots shall be in the cause.
Delivered in open Court at Chuka this 14th day of December, 2020 in the presence of;
CA: Ndegwa
Miss Wahome for the applicant
Mwiti h/b Murithi for the Plaintiffs
Muthomi Gitari for the defendant.
P. M. NJOROGE
JUDGE