[2015] KEHC 1186 (KLR)
The court found that Steve Mureti Kiugu, being a beneficiary of the estate and having been adversely mentioned in the pleadings, is a necessary party for the just determination of the issues in controversy. Since all parties consented to the application and no prejudice would be occasioned by his joinder, the court...
Source-derived case information.
- Citation
- [2015] KEHC 1186 (KLR)
- Parties
- Applicant: Justus Thiora Kiugu; Applicant: David Kubania Kiugu; Applicant: Julius Kathurima Kiugu; Applicant: Ayub Mwiti Kiugu; Applicant: Edward Maitethia Kiugu; Respondent: Joyce Nkatha Kiugu; Defendant: Steve Mureti Kiugu
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 81 of 2015
- Procedural Posture
- Civil Case / Ruling on Application to Join Party
- Outcome
- Application allowed; Steve Mureti Kiugu joined as 2nd defendant; costs in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Joinder of Parties, Administration of Estates, Beneficiaries Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justus Thiora Kiugu
Applicant
David Kubania Kiugu
Applicant
Julius Kathurima Kiugu
Applicant
Ayub Mwiti Kiugu
Applicant
Edward Maitethia Kiugu
Applicant
Joyce Nkatha Kiugu
Respondent
Steve Mureti Kiugu
Defendant
Procedural Posture
Civil Case / Ruling on Application to Join Party
Legal Issues
- 1 Whether Steve Mureti Kiugu should be joined as a 2nd defendant in the suit concerning the estate of M'Ikiugu M'Mwirichia.
- 2 Whether the joinder would prejudice any of the existing parties.
Ratio Decidendi
The court found that Steve Mureti Kiugu, being a beneficiary of the estate and having been adversely mentioned in the pleadings, is a necessary party for the just determination of the issues in controversy. Since all parties consented to the application and no prejudice would be occasioned by his joinder, the court allowed the application to add him as a 2nd defendant. The court exercised its discretion under the Civil Procedure Rules and Act to ensure all necessary parties are before it for the effective adjudication of the matter.
Court Disposition
Application allowed; Steve Mureti Kiugu joined as 2nd defendant; costs in the cause.
Orders
- Steve Mureti Kiugu is added as a 2nd defendant in this suit.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL CASE NO 81 OF 2015 (OS)
IN THE MATTER OF THE ESTATE OF M'IKIUGU M'MWIRICHIA Alias IKUGU MWIRICHIA – DECEASED
JUSTUS THIORA KIUGU.........................................1ST PLAINTIFF/APPLICANT
DAVID KUBANIA KIUGU.........................................2ND PLAINTIFF/APPLICANT
JULIUS KATHURIMA KIUGU..................................3RD PLAINTIFF/APPLICANT
AYUB MWITI KIUGU...............................................4TH PLAINTIFF/APPLICANT
EDWARD MAITETHIA KIUGU.................................5TH PLAINTIFF/APPLICANT
VERSUS
JOYCE NKATHA KIUGU......................................1ST DEFENDANT/RESPONDENT
R U L I N G
This application is brought to Court under Order 1 Rule 3 of the Civil Procedure Rules and Sections 1A, 1B and 3A of the Civil Procedure Act. The application is dated 11th November, 2015 and seeks Orders:
THATSTEVE MURETI KIUGU be added as a 2nd Defendant in this suit.
THATcosts of the application be in the cause.
The application is supported by the affidavit of STEVE MURETI KIUGU and on the following grounds:
THATthe intended 2nd defendant is a beneficiary of the estate of M'IKIUGU M'MWIRICHIA alias IKIUGU MWIRICHIA.
THATin the pleadings filed by the Plaintiffs, the 2nd intended Defendant is adversely mentioned in the affidavits filed.
THATit is prudent to join the 2nd Intended Defendant to help the court determine all the issues in controversy.
THATno prejudice shall be occasioned upon the other parties if the 2nd intended Defendant is joined in the suit.
When the matter came up for directions on 11th November, 2015, all the parties involved told the Court that they were not opposed to the application. In the Circumstances, the application is allowed in terms of prayers 1 and 2.
It is so ordered.
Delivered in open Court at Meru this 11th day of November, 2015 in the presence of:-
CC: Daniel/Lilian
All Plaintiffs
Arithi for 1st Defendant
Mwirigi for 2nd Defendant
P. M. NJOROGE
JUDGE