[2014] KEHC 4637 (KLR)
The court determined that since the applicants claim to be in possession of the suit land and may be affected by any decree for vacant possession, their claim should be heard on its merits. The court exercised its discretion under Order 1 rule 10(2) of the Civil Procedure Rules to allow the joinder of the applicants...
Source-derived case information.
- Citation
- [2014] KEHC 4637 (KLR)
- Parties
- Plaintiff: Kalliste Limited; Defendant: Bakari Bendera & 77 Others
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 509 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Joinder of Parties
- Outcome
- application allowed
- Judges
- SN Mukunya
- Legal Topics
- Joinder of Parties, Vacant Possession, Civil Procedure Rules, Possession of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Kalliste Limited
Plaintiff
Bakari Bendera & 77 Others
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Joinder of Parties
Legal Issues
- 1 Whether the applicants should be joined as parties to the suit under Order 1 rule 10 of the Civil Procedure Rules.
- 2 Whether the applicants' claim to possession of the suit land warrants their participation in the proceedings.
Ratio Decidendi
The court determined that since the applicants claim to be in possession of the suit land and may be affected by any decree for vacant possession, their claim should be heard on its merits. The court exercised its discretion under Order 1 rule 10(2) of the Civil Procedure Rules to allow the joinder of the applicants as parties to the suit, ensuring that all persons whose interests may be affected by the outcome are given an opportunity to be heard. The court found no sufficient reason to deny the application and allowed it, emphasizing the importance of a fair hearing in land disputes.
Court Disposition
application allowed
Orders
- The application for joinder of parties is allowed.
- No order as to costs.
Full Case Text
Judgment text and source record
20 paragraphs
COPY
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
ELC. NO. 509 OF 2011
KALLISTE LIMITED ..................................................................... PLAINTIFF
-VERSUS-
BAKARI BENDERA & 77 OTHERS .................................. DEFENDANTS
RULING
The application subject matter of this ruling is for joinder of parties under Order 1 rule 10. The application is supported by the Affidavit of Mr. Mwamvula Moti. The applicants state that since this is a suit for vacant possession they will be affected by the decree giving vacant possession. Since they are in occupation of the land. They would therefore like to be joined as parties to the suit. They argue that the court has wide powers under Order 1 rule 10 (2) of the Civil Procedure Rules.
The plaintiff has filed grounds of opposition claiming that the intended defendants only want to delay the suit and that the application is frivolous.
This being a land matter and the intended applicants having claimed that they are in possession of the suit land, I feel their claim for whatever it is worth ought to be heard on merits.
This application is allowed with no order as to costs.
Dated and delivered in open court at Mombasa this 28th day of May, 2014.
S. MUKUNYA
JUDGE
28. 5.2014
In the presence of:
Mrs. Umara Advocate for the plaintiff
Mr. Mutiso Advocate and Mrs. Njengo Advocate for the defendants