[2009] KEHC 22 (KLR)
The court found that the applicant, Lazarus Kibui Ndegwa, had presented a sufficient plea to justify his inclusion as a defendant in the suit. The court exercised its discretion under Order 1 rule 10(2) of the Civil Procedure Rules, holding that the presence of the applicant may be necessary to enable the court to...
Source-derived case information.
- Citation
- [2009] KEHC 22 (KLR)
- Parties
- Plaintiff: Henry Oryem Okello; Defendant: Erisanwero Opira; Defendant: Sukhdeb Singh Laly; Applicant: Lazarus Kibui Ndegwa
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1784 of 2007
- Procedural Posture
- Chamber Summons / Ruling on Application for Joinder of Party as Defendant
- Outcome
- Application for joinder allowed.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Joinder of Parties, Discretionary Orders, Adjudication of Suits
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henry Oryem Okello
Plaintiff
Erisanwero Opira
Defendant
Sukhdeb Singh Laly
Defendant
Lazarus Kibui Ndegwa
Applicant
Procedural Posture
Chamber Summons / Ruling on Application for Joinder of Party as Defendant
Legal Issues
- 1 Whether Lazarus Kibui Ndegwa should be joined as a defendant in the suit under Order 1 rule 10(2).
- 2 Whether the presence of the applicant is necessary for the court to effectually and completely adjudicate upon and settle all questions involved in the suit.
Ratio Decidendi
The court found that the applicant, Lazarus Kibui Ndegwa, had presented a sufficient plea to justify his inclusion as a defendant in the suit. The court exercised its discretion under Order 1 rule 10(2) of the Civil Procedure Rules, holding that the presence of the applicant may be necessary to enable the court to effectually and completely adjudicate upon and settle all questions involved in the suit. The court noted that some matters raised by the applicant border on triable issues, which should be addressed at trial rather than at the interlocutory stage, to avoid prejudice to the parties. Accordingly, the application for joinder was allowed.
Court Disposition
Application for joinder allowed.
Orders
- Lazarus Kibui Ndegwa is joined as a defendant in the suit.
- The applicant is at liberty to file and serve a defence within 14 days.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI LAW COURTS
ENVIRONMENTAL & LAND CASE 1784 OF 2007
HENRY ORYEM OKELLO………………………………..1ST PLAINTIFF
ERISANWERO OPIRA ………….……………………..2ND DEFENDANT
V E R S U S
SUKHDEB SINGH LALY …………………………………..DEFENDANT
LAZARUS KIBUI NDEGWA ………………………………….APPLICANT
RULING
The court has been moved by way of Chamber Summons under Order 1 rule 10(2) for an order that one Lazarus Kibui Ndegwa be joined or added as a party in the name of a defendant in this suit.
I have considered the affidavits and submissions placed before me in support of and in opposition to the said application. I have also addressed the authorities cited by counsel.
The order sought is discretionary. It may be given at any stage of the proceedings. The basic consideration is that the presence of such a party may be necessary in order to enable the court effectually and completely adjudicate upon and settle all questions involved in the suit.
Going by the material before me, some of the matters canvassed border on triable issues where evidence has to be adduced and, to address the same at this stage may be prejudicial to the parties. Suffice to say that the Applicant has presented a plea sufficient to justify his inclusion herein as a defendant. I therefore allow the application as prayed in the Chamber Summons dated 18th June, 2008.
The Applicant is at liberty to file and serve a defence if need be within 14 days of today. Thereafter the parties shall appear in court for appropriate directions. It is so ordered. Costs in the cause.
Dated, Signed and Delivered at Nairobi this 13th day of
October, 2009.
A. MBOGHOLI MSAGHA
JUDGE