[2016] KEHC 4469 (KLR)
The court found that the presence of M'Rwemebe M'Mungania as a party to the suit is necessary for the real matters in dispute to be fully and effectively determined. The court reasoned that joining the applicant would not prejudice the plaintiff and would serve the interests of justice by ensuring that all relevant...
Source-derived case information.
- Citation
- [2016] KEHC 4469 (KLR)
- Parties
- Plaintiff: Gilbert Joseph Kbunja; Defendant: Julius Mugambi Gacece; Applicant: M'Rwemebe M'Mungania
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 107 of 2012
- Procedural Posture
- Civil Suit / Ruling on Chamber Summons for Joinder of Party
- Outcome
- Application for joinder allowed.
- Judges
- FM Njoroge
- Legal Topics
- Joinder of Parties, Necessary Parties, Ownership of Land, Arbitration Awards
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gilbert Joseph Kbunja
Plaintiff
Julius Mugambi Gacece
Defendant
M'Rwemebe M'Mungania
Applicant
Procedural Posture
Civil Suit / Ruling on Chamber Summons for Joinder of Party
Legal Issues
- 1 Whether M'Rwemebe M'Mungania should be joined as a defendant in the suit.
- 2 Whether the presence of the applicant is necessary for the determination of the real matter in dispute.
- 3 Whether joining the applicant would prejudice the plaintiff.
Ratio Decidendi
The court found that the presence of M'Rwemebe M'Mungania as a party to the suit is necessary for the real matters in dispute to be fully and effectively determined. The court reasoned that joining the applicant would not prejudice the plaintiff and would serve the interests of justice by ensuring that all relevant issues and parties are before the court. The court emphasized that some of the contested issues, such as the relationship between the applicant and the defendant and the ownership of the suit land, can only be properly resolved at the hearing of the main suit. Accordingly, the court allowed the application for joinder, holding that it was appropriate to add the applicant as a...
Court Disposition
Application for joinder allowed.
Orders
- M'Rwemebe M'Mungania is added as a defendant and allowed to put in his pleadings.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBIIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MERU
CIVIL SUIT NO 107 OF 2012
GILBERT JOSEPH KBUNJA...................................................PLAINTIFF
VERSUS
JULIUS MUGAMBI GACECE...............................................DEFENDANT
R U L I N G
1. This application, brought to Court by way of Chamber Summons, is dated 24th July, 2012 and seeks orders: -
a.M'RWEMBE M'MUNGANIA be added as a defendant herein and be allowed to put in his pleadings.
b.The costs of this application be provided for:-
2. The application is supported by the affidavit of M'RWEMBE M'MUNGANIA, the applicant, and has the following grounds:-
i.The Defendant is the son of the applicant M'RWEMBE M'MUNGANIA and the defendant is living on the suit land on his instructions or his proxy.
ii.The suit land is claimed by both the plaintiff and the said M'RWEMBE M'MUNGANIA and therefore his presence is necessary for the real matter in dispute to be determined.
iii.To do justice to the parties MR. M'RWEMBE M'MUNGANIA'S presence and evidence is necessary.
3. The parties filed Written Submissions . The applicant urges the Court to allow the application since by doing so, the Court will be facilitating the just, expeditious, proportionate, judicious and affordable resolution of this suit. The applicant says that he is the legal proprietor of the suit land and that he has been in continuous occupation.
4. The plaintiff opposes the application. In his Replying Affidavit Sworn on 22nd October, 2012, the Plaintiff avers that the applicant has never been the father of the defendant as alleged in this application. Inter alia, it is alleged that the applicant and the defendant were involved in another suit over the same suitland and that the Kajuki/Kamutiria Arbitration Board gave a verdict in favour of the Plaintiff.
5. Some of the issues the parties have raised can only be determined after the suit is heard. In the Interest of Justice and to hear all issues on their merits, I find that it will not prejudice the plaintiff if this application is allowed.
6. I issue the following orders:-
1. Prayer (a) in the application is allowed.
2. Costs shall be in the cause.
It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 11TH DAY OF MAY, 2016 IN THE PRESENCE OF:
CC: Lilian /Daniel
Rimita for the Applicant
Kaimba for the Respondent/Plaintiff
P.M. NJOROGE
JUDGE