[2013] KEHC 4433 (KLR)
The court, having considered the Notice of Motion filed by the applicant on 19th September, 2012, found that sufficient grounds had been established to warrant granting leave to the applicant to sue the 1st to 4th defendants. The court exercised its discretion in favour of the applicant and granted the leave as...
Source-derived case information.
- Citation
- [2013] KEHC 4433 (KLR)
- Parties
- Applicant: Katuti Kisaa Katoni; Respondent: Joseph K. Muema; Respondent: Kimeu Manyele Kiala; Respondent: Stephen Nyamai Muema; Respondent: Muasa Manyele Kiala; Respondent: The Land Registrar Kwale District
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 11 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Leave to Sue
- Outcome
- Leave granted to the applicant to sue the 1st to 4th defendants as prayed. No order as to costs.
- Judges
- JV Juma
- Legal Topics
- Leave to Sue, Joinder of Parties, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Katuti Kisaa Katoni
Applicant
Joseph K. Muema
Respondent
Kimeu Manyele Kiala
Respondent
Stephen Nyamai Muema
Respondent
Muasa Manyele Kiala
Respondent
The Land Registrar Kwale District
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Leave to Sue
Legal Issues
- 1 Whether the applicant should be granted leave to sue the 1st to 4th defendants.
- 2 Whether any order as to costs should be made at this stage.
Ratio Decidendi
The court, having considered the Notice of Motion filed by the applicant on 19th September, 2012, found that sufficient grounds had been established to warrant granting leave to the applicant to sue the 1st to 4th defendants. The court exercised its discretion in favour of the applicant and granted the leave as prayed. The court further determined that no order as to costs would be made at this stage, reflecting the preliminary nature of the application and the absence of opposition from the respondents.
Court Disposition
Leave granted to the applicant to sue the 1st to 4th defendants as prayed. No order as to costs.
Orders
- Leave is granted to the applicant to sue the 1st, 2nd, 3rd, and 4th defendants as prayed in the Notice of Motion filed on 19th September, 2012.
- No order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Miscellaneous Application 11 of 2012 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif][if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
KATUTI KISAA KATONI………………………………..……...APPLICANT
VERSUS
1. JOSEPH K. MUEMA
2. KIMEU MANYELE KIALA
3. STEPHEN NYAMAI MUEMA
4. MUASA MANYELE KIALA
5. THE LAND REGISTRAR KWALE DISTRICT….RESPONDENTS
RULING
Having considered this Notice of Motion filed on 19th September, 2012, I do hereby grant leave to the plaintiff to sue the 1st, 2nd, 3rd and 4th defendants as prayed. No order on costs.
Dated and delivered in Mombasa this 28th day of March, 2013.
M. ODERO
JUDGE
In the presence of:
Mr. Mulwa for Applicant
No appearance by Respondents
Court Clerk Mutisya
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