[2011] KEHC 1119 (KLR)
The court found that Continental Developers Ltd is a central player in the events leading to the plaintiff's interest in the suit property, LR No. NAIROBI/BLOCK 82/1910, and still holds the original title documents. The court held that the dispute between the plaintiff and the defendants cannot be resolved without...
Source-derived case information.
- Citation
- [2011] KEHC 1119 (KLR)
- Parties
- Applicant: Florence Muthoni Njau (Suing as the Attorney for & on behalf of John Mburu Karanja); Defendant: Samuel Wanjohi Wahome; Defendant: Michael Waweru Mbugua; Defendant: Anastasia Kimeu Muthike; Interested Party: Continental Developers Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 138 of 2010
- Procedural Posture
- Chamber Summons Application / Ruling on Application for Joinder of Party
- Outcome
- application allowed
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Joinder of Parties, Necessary Parties, Amendment of Pleadings, Title Documents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Florence Muthoni Njau (Suing as the Attorney for & on behalf of John Mburu Karanja)
Applicant
Samuel Wanjohi Wahome
Defendant
Michael Waweru Mbugua
Defendant
Anastasia Kimeu Muthike
Defendant
Continental Developers Ltd
Interested Party
Procedural Posture
Chamber Summons Application / Ruling on Application for Joinder of Party
Legal Issues
- 1 Whether Continental Developers Ltd should be joined as a necessary party to the suit.
- 2 Whether the resolution of the dispute requires the inclusion of the interested party holding the original title documents.
Ratio Decidendi
The court found that Continental Developers Ltd is a central player in the events leading to the plaintiff's interest in the suit property, LR No. NAIROBI/BLOCK 82/1910, and still holds the original title documents. The court held that the dispute between the plaintiff and the defendants cannot be resolved without the inclusion of Continental Developers Ltd. No prejudice was shown that would be suffered by the interested party if joined. Therefore, the court allowed the application for joinder, making Continental Developers Ltd the 4th defendant, and granted leave to amend the plaint if necessary.
Court Disposition
application allowed
Orders
- Continental Developers Ltd is joined as the 4th defendant.
- Leave is granted to amend the plaint if necessary.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
ELC CASE NO. 138 OF 2010
FLORENCE MUTHONI NJAU (Suing as the
Attorney for & on behalf of
JOHN MBURU KARANJA ………...............….....………………………….. APPLICANT
VERSUS
SAMUEL WANJOHI WAHOME ……....................……………………. 1ST DEFENANT
MICHAEL WAWERU MBUGUA ………...................………………….2ND DEFENANT
ANASTASIA KIMEU MUTHIKE………………....................…………..3RD DEFENANT
CONTINENTAL DEVELOPERS LTD ……....................………INTERESTED PARTY
RULING
This is an application by way of Chamber Summons under Order 1 Rules 10 (2), (4) and 13 of the Civil Procedure Rules and section 3 A of the Civil Procedure Act that this court be pleased to grant leave to join and/or add M/s Continental Developers Limited as a necessary party to this suit. The grounds in support of the said order are set out on the face of the application which however are in the form of evidence belonging to the main trial and which therefore, I do not deem necessary to set out in this ruling. There is in support of the application an affidavit sworn by Florence Muthoni Njau who is the plaintiff herein.
The respondents were served with the application but it is only the intended interested party who filed a reply. As at the time of preparing this ruling the plaintiffs and the interested party had filed written submissions to address the application in question. I have noted that M/s Continental Developers Limited are resisting the joinder sought by the plaintiff.
However, the chronology of events in respect of acquisition of the property known as LR No. NAIROBI/BLOCK 82/1910 leading to the plaintiff’s interest shows that M/s Continental Developers Limited are a central player. The resolution of any dispute between the plaintiff and the defendants cannot be addressed without the inclusion of the party sought to be joined who in fact still holds the Original Title documents in respect of the suit property. I also observe that no prejudice has been alleged will visit M/s Continental Developers Limited if they are joined as a party in these proceedings. Accordingly, the application dated 8th November, 2010 is hereby allowed and M/s Continental Developers Limited shall become the 4th defendant herein. If it is necessary to amend the plaint, leave is hereby granted and all pleadings shall be served upon the said party within 14 days of this ruling. The costs shall be in the cause.
Orders accordingly.
Dated, signed and delivered at Nairobi this 29th day of July, 2011.
A.MBOGHOLI MSAGHA
JUDGE