[2004] KEHC 1919 (KLR)
The court found that since the applicant was allocated the house by the government and the plaintiff claims title to the same property, the Attorney General, representing the government's interest, is a necessary party to the proceedings. The court further held that, in the interests of justice, service of summons...
Source-derived case information.
- Citation
- [2004] KEHC 1919 (KLR)
- Parties
- Plaintiff: Charles Lugano; Defendant: Mary Gorrette Chepseba
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- ? 63 of 2003
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Application
- Outcome
- Application granted.
- Legal Topics
- Joinder of Parties, Government Proceedings, Allocation of Government Housing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Lugano
Plaintiff
Mary Gorrette Chepseba
Defendant
Procedural Posture
Civil Suit / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the Attorney General should be joined as a party to the suit given the government's interest in the property in dispute.
- 2 Whether service of summons on the Attorney General can be effected outside the rules under the Government Proceedings Act for want of notice.
Ratio Decidendi
The court found that since the applicant was allocated the house by the government and the plaintiff claims title to the same property, the Attorney General, representing the government's interest, is a necessary party to the proceedings. The court further held that, in the interests of justice, service of summons on the Attorney General could be effected outside the usual notice requirements under the Government Proceedings Act. The application was therefore granted in full.
Court Disposition
Application granted.
Orders
- Leave is granted to join the Attorney General as a party to the suit.
- Summons to issue and be served upon the Attorney General outside the rules under the Government Proceedings Act for want of notice.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT ELDORETCIVIL SUIT NO.63 of 2003CHARLES LUGANO ……………………………..…………...……….……… PLAINTIFF
-VERSUSMARY
GORRETTE CHEPSEBA ………………….……………..……… DEFENDANT
RULING
This is an application dated 26th August 2003 bought under Order 1 rule 14 of the Civil Procedure Rules. The application was by way of Chamber Summons. The application seeks for orders that the court grants the applicant leave to join the Attorney General as a party and secondly, that the court do order that summons issue and service be effected upon the Attorney General outside the rules under the Government Proceedings Act for want of Notice. The grounds of the application were that the applicant is a Senior Resident Magistrate at Kitale who was allocated a house by the government, which she occupied. The plaintiff sued her in person, while the house was allocated by the government. The plaintiff claims to have title to the house, therefore the applicant considers that the Attorney General should be joined as a party on behalf of the government. I have considered the application and grant the two orders prayed for by the applicant.
Dated at Eldoret this 11th day of February, 2004. ………………………………… George Dulu Judge