[2014] KEHC 4853 (KLR)
The court held that the applicant is entitled to amend the plaint to join a sixth defendant, as there is uncertainty regarding the proper party to be sued. The court found that Order 1 Rule 7 of the Civil Procedure Rules allows a plaintiff to join multiple defendants where there is doubt as to the persons liable....
Source-derived case information.
- Citation
- [2014] KEHC 4853 (KLR)
- Parties
- Plaintiff: David Waweru Mbugua; Defendant: William Adero Goga 4 Others
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Land Case 42 of 2013
- Procedural Posture
- Land Case / Ruling on Application to Amend Plaint
- Outcome
- application allowed
- Judges
- EO Obaga
- Legal Topics
- Joinder of Parties, Amendment of Pleadings, Proper Parties to Sue
- 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
David Waweru Mbugua
Plaintiff
William Adero Goga 4 Others
Defendant
Procedural Posture
Land Case / Ruling on Application to Amend Plaint
Legal Issues
- 1 Whether the plaintiff should be granted leave to amend the plaint to join a sixth defendant.
- 2 Whether the 1st to 5th defendants are proper parties to the suit given their status as officials of A.I.C Amuka Church.
- 3 Whether the proposed sixth defendant is a proper and existent legal entity to be joined.
Ratio Decidendi
The court held that the applicant is entitled to amend the plaint to join a sixth defendant, as there is uncertainty regarding the proper party to be sued. The court found that Order 1 Rule 7 of the Civil Procedure Rules allows a plaintiff to join multiple defendants where there is doubt as to the persons liable. The respondents, having previously indicated that the proper party to be sued was the A.I.C. Kenya Trustees Registered, could not validly oppose the application to join that entity. The court further reasoned that the presence of both the current defendants and the proposed sixth defendant is necessary for the just determination of the issues, and any question of ultimate...
Court Disposition
application allowed
Orders
- Leave granted to amend the plaint to join a sixth defendant.
- The amended plaint shall be filed within 14 days from the date of the ruling.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
LAND CASE NO. 42 OF 2013
DAVID WAWERU MBUGUA …................................. PLAINTIFF
VERSUS
WILLIAM ADERO GOGA 4 OTHERS …........................ DEFENDANTS
R U L I N G
The applicant brought a notice of motion dated 21/6/2013 in which he seeks leave of the court to amend the plaint and bring in a sixth defendant. The applicant contends that the amendment has been necessitated by the 1st to 5th respondents' claim that they were wrongly sued as they were only officials of A.I.C Amuka Church.
The application is opposed by the respondents through grounds of opposition filed in court on 10/7/2013. The respondents contend that the application is fatally defective as there is a ruling of this court holding that the defendants were wrongly sued. The respondents also contends that the proposed sixth defendant is non existent.
I have considered the applicant's application as well as the opposition to the same by the respondents. When the plaintiff filed this suit against the respondents, the respondents in their pleadings indicated that the proper party which should have been sued was the A.I.C. Kenya Trustees Registered. It is the board of this body which is capable of suing and being sued. The respondents cannot again turn round and say that they are opposing the application to include a sixth defendant.
The applicant has deponed that he is not sure whether he should claim relief from the 1st to 5th respondents because he is unable to ascertain if the five respondents are officials of Amuka A.I.C Church or not. Order 1 Rule 7 of the Civil Procedure Rules provides as follows;-
“Where the plaintiff is in doubt as to the persons from whom he is entitled to obtain redress, he may join two or more defendants in order that the question as to which of the defendants is liable and to what extent may be determined as between all parties”.
It therefore follows that there is no harm in the applicant seeking to join a sixth defendant. The proposed defendant may be the lawful body to be sued but the defendants may well be involved in some activities which are directly affecting the applicant. Their presence is therefore necessary. The issue as to who will ultimately be liable will be decided at the conclusion of the case herein. I therefore find that the applicant's application has merits. The same is hereby allowed.The amended plaint shall be filed within 14 days from the date hereof. Costs in the cause.
It is so ordered.
Dated, signed and delivered at Kitale on this 4th day of June, 2014.
E. OBAGA
JUDGE
Ruling delivered in court at 9. 26 a.m. in the absence of parties who had notice of the same. Court Clerk – Kassachoon.
E. OBAGA
JUDGE
4/6/2014