[2015] KEHC 3288 (KLR)
The court found that the defendant's application to issue a third party notice to the Attorney General on behalf of the District Land Adjudication and Settlement Officer, Igembe District, was justified. The defendant's counter-claim and the challenge to the decisions of the Land Arbitration Board and Land...
Source-derived case information.
- Citation
- [2015] KEHC 3288 (KLR)
- Parties
- Plaintiff: Jacob Mbwiria; Defendant: Misheck Kanake Reuben
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case Case128 of 2012
- Procedural Posture
- Civil Suit / Ruling on Application for Leave to Issue Third Party Notice
- Outcome
- application allowed
- Legal Topics
- Third Party Proceedings, Joinder of Parties, Land Adjudication Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jacob Mbwiria
Plaintiff
Misheck Kanake Reuben
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Leave to Issue Third Party Notice
Legal Issues
- 1 Whether the defendant should be granted leave to issue a third party notice to the Attorney General on behalf of the District Land Adjudication and Settlement Officer, Igembe District.
- 2 Whether the joinder of the proposed third party is necessary for the just determination of the dispute regarding ownership of land parcels 129 & 131 KIENGU/KANJOO ADJUDICATION SECTION.
Ratio Decidendi
The court found that the defendant's application to issue a third party notice to the Attorney General on behalf of the District Land Adjudication and Settlement Officer, Igembe District, was justified. The defendant's counter-claim and the challenge to the decisions of the Land Arbitration Board and Land Adjudication Officer directly implicated the proposed third party. The court held that enjoining the Attorney General as a third party was necessary for the just and complete adjudication of the dispute over the ownership of the specified land parcels. The plaintiff did not oppose the application, and the court was satisfied that granting the orders would not prejudice any party....
Court Disposition
application allowed
Orders
- Leave granted to the defendant to issue a third party notice to the Attorney General on behalf of the District Land Adjudication and Settlement Officer, Igembe District.
- Defendant to serve the third party notice within 14 days.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HCC 128 OF 2012
JACOB MBWIRIA.....................................................................PLAINTIFF
VERSUS
MISHECK KANAKE REUBEN..................................................DEFENDANT
R U L I N G
This Application is dated 15/07/2015. It seeks Orders:
THATthe Honourable Coourt be please to grant leave to the Defendant to issue a Third Party Notice to the Hon. Attorney General on behalf of the District Land Adjudication and Settlement Officer, Igembe District to be enjoined as a party to this suit.
THATthe costs of this Application be in the cause.
It is supported by the Affidavit of Christine Kawira Ungu and the following grounds:-
It is imperative to enjoin the Hon. Attorney General on behalf of the District Land Adjudication and Settlement Officer, Igembe District as a party to this suit.
The Defendant is challenging the Decision of the land Arbitration Board dated 4th November 2008 and the decision of the Land Adjudication Officer dated 20th July 2009 regarding the ownership of land Parcel Nos. 129 & 131 KIENGU/KANJOO ADJUDICATION SECTION which is one of the matters for determination in these proceedings.
Some of the remedies sought by the Defendant in his Counter-Claim affect the proposed Third Party.
The orders sought in this Application are necessary to meet the ends of justice and will not prejudice any of the parties.
Mr. Mbogo for the Plaintiff who is in Court, although the Application is brought to Court exparte, does not oppose the Application. The Application is allowed with costs to be in the cause.
I direct as follows:-
Defendant to serve the Third Party Notice upon the Attorney General on behalf of the Land Adjudication and Settlement Officer, Igembe District within 14 days.
The Attorney General to respond and put in apposite papers within 30 days after the Third Party Notice has been served.
Plaintiff to fully comply with Order 11, CPR, within 30 days after the Attorney General has served him with his responses and apposite documents.
Defendant to serve the orders issued by this Court today upon the Attorney General within 10 days of today.
Directions on 18/11/2015.
It is so ordered.
Delivered in open Court at Meru this 30th day of July, 2015 in the presence of:
CC: Daniel/Lilian
Miss Ungu for the Defendant
Mbongo for the Plaintiff.
P.M.NJOROGE
JUDGE