[2001] KEHC 554 (KLR)
The court found that the land purchased by the Interested Party (KIAMBAA/KIHARA/3359) had no relationship whatsoever with the parcels in dispute between the Plaintiff and Defendant (KIAMBAA/KIHARA/752 and KIAMBAA/KIHARA/T.144). The Interested Party conceded he had no cause of action against either party. The court...
Source-derived case information.
- Citation
- [2001] KEHC 554 (KLR)
- Parties
- Plaintiff: James Njoroge Karanu; Defendant: John Njenga Karanu; Applicant: Bernard Munga Kamau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 270 of 2001
- Procedural Posture
- Civil Case / Ruling on Application for Joinder as Interested Party
- Outcome
- application dismissed with costs to the defendant
- Judges
- ARM Visram
- Legal Topics
- Joinder of Parties, Interest in Land, Adjudication of Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Njoroge Karanu
Plaintiff
John Njenga Karanu
Defendant
Bernard Munga Kamau
Applicant
Procedural Posture
Civil Case / Ruling on Application for Joinder as Interested Party
Legal Issues
- 1 Whether the Interested Party should be joined to the suit as an interested party.
- 2 Whether the Interested Party's interest in the suit land is sufficiently connected to the subject matter of the dispute between the Plaintiff and Defendant.
Ratio Decidendi
The court found that the land purchased by the Interested Party (KIAMBAA/KIHARA/3359) had no relationship whatsoever with the parcels in dispute between the Plaintiff and Defendant (KIAMBAA/KIHARA/752 and KIAMBAA/KIHARA/T.144). The Interested Party conceded he had no cause of action against either party. The court held that joining the Interested Party would not assist in effectually and completely adjudicating or settling the questions involved in the suit. Therefore, the application for joinder was dismissed as lacking any legal basis.
Court Disposition
application dismissed with costs to the defendant
Orders
- The application for joinder by the Interested Party is dismissed.
- Costs of the application shall be borne by the Interested Party.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI HIGH COURT CIVIL CASE NO. 270 OF 2001
JAMES NJOROGE KARANU…………………………….PLAINTIFF V E R S U S JOHN NJENGA KARANU…………………………………DEFENDANT BERNARD MUNGA KAMAU……INTERESTED PARTY/APPLICANT
R U L I N G
In this application, Mr. Bernard Munga Kamau (hereinafter referred to as “the Interested Party”) seeks to be made an interested party in this suit. The application is brought under order I rules 10, 13 and 22 of the Civil Procedure Rules, Section 3A of the Civil Procedure Act and all enabling provisions of the law. The undisputed facts are as follows. In April, 2000, the Interested Party bought land parcel number KIAMBAA/KIHARA/3359 (hereinafter referred to as “the suit land”) from the Plaintiff. The suit land was subsequently divided and the Interested Party was issued with a title deed to a portion of the suit land.
On 19th February, 2000, the Plaintiff sued the Defendant, who is his brother, claiming a declaration that he is entitled to a half share of parcel KIAMBAA/KIHARA/752 and KIAMBAA/ KIHARA/ T.144. Mr. Olonde for Munyasya for the Interested Party conceded that the Interested Party did not have a cause of action against either the Plaintiff or the Defendant. He, however, said that the outcome of this suit will affect the Interested Party. I, for my part, do not see the basis of this application whatsoever.
The suit land has no relationship whatsoever with the lands in dispute between the Plaintiff and the Defendant. It is not clear at all how the joining of the Interested Party will enable this Court to effectually and completely adjudicate and settle all questions involved in the suit between the Plaintiff and the Defendant. I, therefore, dismiss this application with costs to the Defendant. The costs shall be borne by the Interested Party.
DATED and DELIVERED at NAIROBI this 13th day of June, 2001.
ALNASHIR VISRAM JUDGE