[2015] KEHC 6791 (KLR)
The court found that the applicants had demonstrated a sufficient and direct interest in the subject matter of the suit, as they are the allottees of specific plots (Nos 697, 699, 702, 712, and 714) which fall within the range of plots claimed by the plaintiffs. The applicants' interest was substantiated by official...
Source-derived case information.
- Citation
- [2015] KEHC 6791 (KLR)
- Parties
- Plaintiff: Fred K. Sabai & 4 Others; Defendant: District Land Adjudication & Settlement Officer Trans-Nzoia & 4 Others; Defendant: Applicants (five allottees of Plot Nos 697, 699, 702, 712, 714)
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 107 of 2012
- Procedural Posture
- Civil Suit / Ruling on Application for Joinder of Parties as Defendants
- Outcome
- application for joinder allowed
- Judges
- EO Obaga
- Legal Topics
- Joinder of Parties, Amendment of Pleadings, Land Allotment Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fred K. Sabai & 4 Others
Plaintiff
District Land Adjudication & Settlement Officer Trans-Nzoia & 4 Others
Defendant
Applicants (five allottees of Plot Nos 697, 699, 702, 712, 714)
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Joinder of Parties as Defendants
Legal Issues
- 1 Whether the applicants should be enjoined as defendants in the suit.
- 2 Whether the applicants have demonstrated sufficient interest in the subject matter of the suit.
Ratio Decidendi
The court found that the applicants had demonstrated a sufficient and direct interest in the subject matter of the suit, as they are the allottees of specific plots (Nos 697, 699, 702, 712, and 714) which fall within the range of plots claimed by the plaintiffs. The applicants' interest was substantiated by official confirmation from the District Land Adjudication and Settlement Officer and by the production of allotment letters. Since the plaintiffs did not oppose the application, and in order to ensure that all parties with a legitimate interest are before the court for the just determination of the dispute, the court held that the applicants ought to be joined as defendants. The court...
Court Disposition
application for joinder allowed
Orders
- The five applicants are added as defendants in this case.
- The plaint shall be amended accordingly and served upon the new defendants only.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KITALE
CIVIL SUIT NO.107 OF 2012
FRED K. SABAI & 4 OTHERS :::::::::::::::::::::::::::::::::: PLAINTIFFS
VERSUS
DISTRICT LAND ADJUDICATION &
SETTLEMENT OFFICER TRANS-NZOIA & 4 OTHERS ::::::DEFENDANTS
R U L I N G
1. The five applicants brought a notice of motion seeking to be enjoined to this suit as defendants. The applicants contend that they have discovered that the plaintiffs in this case are claiming land belonging to them and that it is therefore necessary that they be enjoined as defendants.
2. This application was duly served upon the plaintiff/respondents who have not opposed it. The first applicant is the allottee of Plot No. 697, at Kitalale Settlement Scheme Phase II, the second applicant is the allottee of Plot 699, the third applicant is the allottee of Plot 702, the fourth applicant is the allottee of Plot No.712 and the fifth applicant is the allottee of Plot No 714. A look at the plaint filed by the plaintiff/Respondents show that the plaintiffs are claiming Plot Nos 695 – 715 at Kitalale Settlement Scheme. The Plot Nos of the applicants full among the ones being claimed by the plaintiff/respondents. The District Land Adjudication and Settlement Officer vide his letter of 15/8/212 has confirmed that the applicants are the lawful allottees of the plots they say are theirs. The applicants have also annexed to their respective affidavits copies of allotment letters issued to them. I therefore find that the applicants have demonstrated that they ought to be added as defendants in this case. I therefore direct that they be added as defendants in this case. The plaint herein shall accordingly be amended and the same served upon the new defendants only.
It is so ordered.
Dated, signed and delivered at Kitale on this 10th day of February, 2015.
E. OBAGA
JUDGE
In the presence of Mr Kiarie for Mr Ngeiywa for applicants.Court Clerk – Kassachoon.
E. OBAGA
JUDGE
10/2/2015