[2025] KEELC 5122 (KLR)

[2025] KEELC 5122 (KLR)

The court found that Absa Bank, as the holder of the title to the suit property as security, is a necessary party to the proceedings for adverse possession. The absence of the bank from the suit would render any orders affecting the title unenforceable against the bank and could prejudice its interests. Accordingly,...

Source-derived case information.

Citation
[2025] KEELC 5122 (KLR)
Parties
Plaintiff: Angelo Kimathi M’Mbogori; Defendant: Esther Wangui Njeru; Defendant: Absa Bank (formerly Barclays Bank)
Court
Environment and Land Court
Court Station
Environment and Land Court at Meru
Jurisdiction
Kenya
Judgment Date
7 July 2025
Case Number
Enviromental and Land Originating Summons E004 of 2023
Procedural Posture
Originating Summons / Ruling on Joinder of Party
Outcome
Joinder of Absa Bank as 2nd defendant ordered; originating summons to be amended and served within 14 days; hearing adjourned.
Judges
BM Eboso
Legal Topics
Adverse Possession, Joinder of Parties, Title Registration
Source Language
english
Land and Property Civil Procedure Adverse Possession Joinder of Parties Title Registration

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Parties

Angelo Kimathi M’Mbogori

Plaintiff

Esther Wangui Njeru

Defendant

Absa Bank (formerly Barclays Bank)

Defendant

Procedural Posture

Originating Summons / Ruling on Joinder of Party

Legal Issues

  1. 1 Whether the court should order the joinder of Absa Bank as a defendant in a suit for adverse possession where the bank holds the title as security.
  2. 2 Whether the originating summons should be amended to reflect the joinder.

Ratio Decidendi

The court found that Absa Bank, as the holder of the title to the suit property as security, is a necessary party to the proceedings for adverse possession. The absence of the bank from the suit would render any orders affecting the title unenforceable against the bank and could prejudice its interests. Accordingly, the court invoked its powers under Order 1 rule 10(2) of the Civil Procedure Rules to direct that Absa Bank be joined as a second defendant. The originating summons is to be amended and served on the bank within 14 days. The hearing is adjourned to allow for compliance with these directions.

Court Disposition

Joinder of Absa Bank as 2nd defendant ordered; originating summons to be amended and served within 14 days; hearing adjourned.

Orders

  • Absa Bank is joined as 2nd defendant in the suit.
  • The originating summons shall be amended to reflect the joinder and served on Absa Bank within 14 days.