[2007] KEHC 520 (KLR)
The court found that the applicant failed to disclose any claim or cause of action against the plaintiff or defendants. The applicant's main concern was being adversely mentioned in affidavits, but he had already filed a replying affidavit addressing those allegations. No draft statement of claim or other material...
Source-derived case information.
- Citation
- [2007] KEHC 520 (KLR)
- Parties
- Plaintiff: Daniel Waithaka Mwangi; Defendant: NARC-Kenya; Defendant: Raphael Tuju; Defendant: Mukhisa Kituyi; Defendant: Morris Dzoro; Defendant: Erastus Kihara Mureithi; Defendant: Samuel Mureithi Wahome; Defendant: Stephen Maina Kanyoro; Applicant: Peter Wahome Kamoche
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 154 of 2007
- Procedural Posture
- Civil Suit / Ruling on Application for Joinder
- Outcome
- application dismissed with costs to the defendants
- Judges
- LK Kimaru
- Legal Topics
- Joinder of Parties, Discretion of Court, Cause of Action Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Waithaka Mwangi
Plaintiff
NARC-Kenya
Defendant
Raphael Tuju
Defendant
Mukhisa Kituyi
Defendant
Morris Dzoro
Defendant
Erastus Kihara Mureithi
Defendant
Samuel Mureithi Wahome
Defendant
Stephen Maina Kanyoro
Defendant
Peter Wahome Kamoche
Applicant
Procedural Posture
Civil Suit / Ruling on Application for Joinder
Legal Issues
- 1 Whether the applicant has established sufficient grounds to be enjoined as a party to the suit.
- 2 Whether the applicant has disclosed a cause of action against the existing parties.
Ratio Decidendi
The court found that the applicant failed to disclose any claim or cause of action against the plaintiff or defendants. The applicant's main concern was being adversely mentioned in affidavits, but he had already filed a replying affidavit addressing those allegations. No draft statement of claim or other material was provided to demonstrate a substantive legal interest in the suit. Consequently, the court was not persuaded to exercise its discretion to enjoin the applicant, as the legal threshold for joinder was not met.
Court Disposition
application dismissed with costs to the defendants
Orders
- The application for joinder by Peter Wahome Kamoche is dismissed.
- Costs of the application are awarded to the defendants.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT NAKURU
CIVIL SUIT 154 OF 2007
DANIEL WAITHAKA MWANGI…………...............PLAINTIFF
VERSUS
NARC-KENYA………..……………………...1ST DEFENDANT
RAPHAEL TUJU………..…………………...2ND DEFENDANT
MUKHISA KITUYI………….………………...3RD DEFENDANT
MORRIS DZORO……..……………………...4TH DEFENDANT
ERASTUS KIHARA MUREITHI…..……...…..5TH DEFENDANT
SAMUEL MUREITHI WAHOME...….……….6TH DEFENDANT
STEPHEN MAINA KANYORO………....……7TH DEFENDANT
AND
PETER WAHOME KAMOCHE…..……………….APPLICANT
RULING
The applicant in this application, seeks to be enjoined as a party to this suit. However he has not disclosed to the court what claim or cause of action he has against the defendants or the plaintiff. His main gripe appears to be that he has been adversely mentioned by the affidavits filed by the defendants. He has however filed a replying affidavit in a reply to all the allegations made against him.
I do not see any legal reason advanced by the applicant to persuade this court to have him enjoined to this suit. He has not availed any material to the court in form of a draft statement of claim that could persuade this court to exercise its discretion and enjoin him in the suit. For that reason his application lacks merit and is hereby dismissed with costs to the defendants.
DATED at NAKURU this 4th day of SEPTEMBER, 2007
L. KIMARU
JUDGE