[2014] KEHC 266 (KLR)
The court found that the plaintiff's suit was solely against the restrictions placed on his land titles by the 1st and 2nd defendants, and that there was no claim or complaint against the Municipal Council of Meru or its successor, Meru County Government. The order enjoining the Municipal Council of Meru was made...
Source-derived case information.
- Citation
- [2014] KEHC 266 (KLR)
- Parties
- Plaintiff: Geoffrey Kirimi Itania; Defendant: The Chef Land Registrar; Defendant: Land Registrar Meru Central; Defendant: The Hon. Attorney General; Defendant: Municipal Council of Meru; Applicant: Meru County Government
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 114 of 2008
- Procedural Posture
- Civil Suit / Ruling on Application to Set Aside Joinder and Strike Out Party
- Outcome
- Application allowed. Municipal Council of Meru struck out as a party. Order of joinder set aside.
- Judges
- FM Njoroge
- Legal Topics
- Joinder of Parties, Striking Out Parties, Land Title Restrictions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Kirimi Itania
Plaintiff
The Chef Land Registrar
Defendant
Land Registrar Meru Central
Defendant
The Hon. Attorney General
Defendant
Municipal Council of Meru
Defendant
Meru County Government
Applicant
Procedural Posture
Civil Suit / Ruling on Application to Set Aside Joinder and Strike Out Party
Legal Issues
- 1 Whether the order enjoining the Municipal Council of Meru as a party should be set aside and vacated.
- 2 Whether the Municipal Council of Meru should be struck out from the pleadings and proceedings.
- 3 Whether the plaintiff has any claim against the Municipal Council of Meru or its successor, Meru County Government.
Ratio Decidendi
The court found that the plaintiff's suit was solely against the restrictions placed on his land titles by the 1st and 2nd defendants, and that there was no claim or complaint against the Municipal Council of Meru or its successor, Meru County Government. The order enjoining the Municipal Council of Meru was made suo moto and had unnecessarily delayed the proceedings. Since the application to set aside the joinder and strike out the Municipal Council of Meru was unopposed and the plaintiff expressly disavowed any claim against that party, the court held that the continued presence of the Municipal Council of Meru in the suit was unwarranted. The court exercised its discretion to set aside...
Court Disposition
Application allowed. Municipal Council of Meru struck out as a party. Order of joinder set aside.
Orders
- The order of this Honourable Court made suo moto on 22nd July, 2010 enjoining the Municipal Council of Meru (now defunct) is set aside and vacated.
- The Municipal Council of Meru (now defunct) is struck out from the pleadings and proceedings in this suit.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO. 114 OF 2008
GEOFFREY KIRIMI ITANIA..............................................................PLAINTIFF
VS
THE CHEF LAND REGISTRAR.................................................1ST DEFENDANT
LAND REGISTRAR MERU CENTRAL......................................2ND DEFENDANT.
THE HON. ATTORNEY GENERAL.............................................3RD DEFENDANT
MUNICIPAL COUNCIL OF MERU.............................................4TH DEFENDANT
MERU COUNTY GOVERNMENT.......................................................APPLICANT
RULING
This application is dated 7th May, 2014 and seeks orders;
1. The order of this Honourable court made suo moto on 22nd July 2010 enjoining the Municipal Council of Meru (now defunct) be set aside and vacated.
2. The Municipal Council of Meru be struck out from the pleadings and proceedings herein.
3. This Honourable court do make such further or better orders as will meet the ends of justice.
4. Costs be in the cause.
It is supported by the affidavit of Geoffrey Kirimi Itania and on the following grounds.
That the plaintiff's suit herein is basically challenging the restrictions placed on his title Nos. Meru Municipality Block 2/641 and Meru Municipality Block 2/642 by the 1st and 2nd defendants on 18th June, 2002 respectively.
That the plaintiff has no complaint against the Municipal Council of Meru or indeed the County Government of Meru.
That the Honorable Court, Justice Kasango Judge suo moto directed that the Municipal Council of Meru now defunct be enjoined herein by an order of 22nd July 2010.
That the afore-detailed order of 22nd July 2010 has unreasonably stymied the proceedings herein.
The plaintiff in his submission filed by his advocate has told the court that he has no claim against the defunct Municipal Council of Meru or even its successor, the County Government of Meru. He submitted that as his application had not been opposed, it should be allowed.
Although the defendants/respondents had been given ample opportunity to put in written submissions, they had not done so. I find that the orders prayed for in this application are merited. I grant prayers 1 and 2 in the application in the following terms;
The order of this Honorable Court made suo moto on 22nd July, 2010 enjoining the Municipal Council of Meru (now defunct) is set aside and vacated.
The Municipal Council of Meru (now defunct) is struck out from the pleadings and proceedings in this suit.
Costs shall be in the cause.
Written, dated and signed at Meru this 22nd day of October, 2014.
P. M. NJOROGE
JUDGE
Delivered in open court at Meru this 7th day of November, 2014 in the presence of ;
Lilian.
Parties not in court
P. M. NJOROGE
JUDGE