[2013] KEHC 2049 (KLR)
The court found that the applicants demonstrated a sufficient and direct interest in the subject matter of the suit, namely Plot No. 59 Iveti Adjudication section, as they claimed ownership by transmission from their deceased husbands and were in occupation of the land. The absence of opposition to the application...
Source-derived case information.
- Citation
- [2013] KEHC 2049 (KLR)
- Parties
- Plaintiff: Mutuku Maithya; Plaintiff: Mutisya Maithya; Plaintiff: Mutua Maithya; Plaintiff: Musyoka Maithya; Respondent: Ngila Maithya; Respondent: Muindi Maithya; Respondent: Mutiso Maithya; Respondent: The District Adjudication/Settlement Officer Machakos District; Respondent: Attorney General; Applicant: Kamene Mutiso; Applicant: Kanini Muindi; Applicant: Susan Ngila
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Case 247 of 2012
- Procedural Posture
- Chamber Summons / Ruling on Application for Joinder of Interested Parties
- Outcome
- Application for joinder of interested parties allowed.
- Judges
- LN Mutende
- Legal Topics
- Joinder of Parties, Interested Party Status, Adjudication of Land, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mutuku Maithya
Plaintiff
Mutisya Maithya
Plaintiff
Mutua Maithya
Plaintiff
Musyoka Maithya
Plaintiff
Ngila Maithya
Respondent
Muindi Maithya
Respondent
Mutiso Maithya
Respondent
The District Adjudication/Settlement Officer Machakos District
Respondent
Attorney General
Respondent
Kamene Mutiso
Applicant
Kanini Muindi
Applicant
Susan Ngila
Applicant
Procedural Posture
Chamber Summons / Ruling on Application for Joinder of Interested Parties
Legal Issues
- 1 Whether the proposed interested parties have a sufficient interest in the subject matter to warrant their joinder.
- 2 Whether the absence of the proposed interested parties would prejudice the fair adjudication of the dispute.
Ratio Decidendi
The court found that the applicants demonstrated a sufficient and direct interest in the subject matter of the suit, namely Plot No. 59 Iveti Adjudication section, as they claimed ownership by transmission from their deceased husbands and were in occupation of the land. The absence of opposition to the application and the need for a comprehensive and just determination of the dispute warranted their joinder as interested parties. The court exercised its discretion under Order 1 Rule 10(2) of the Civil Procedure Rules to allow the application, holding that the presence of the applicants was necessary for the effectual and complete adjudication of all questions involved in the suit.
Court Disposition
Application for joinder of interested parties allowed.
Orders
- Leave is granted to the applicants to be enjoined to this suit as interested parties.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
29 paragraphs
[No. 97/2013
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CIVIL CASE NO. 247 OF 2012
MUTUKU MAITHYA………………………………………………….1ST PLAINTIFF
MUTISYA MAITHYA…………………………….......................2ND PLAINTIFF
MUTUA MAITHYA…………………………………………………….3RD PLAINTIFF
MUSYOKA MAITHYA ……………………………………………….4TH PLAINTIFF
VERSUS
NGILA MAITHYA………………………………………............1ST RESPONDENT
MUINDI MAITHYA ……………………………………………...2ND RESPONDENT
MUTISO MAITHYA…..................................................3RD RESPONDENT
THE DISTRICT ADJUDICATION/SETTLEMENT OFFICER
MACHAKOS DISTRICT……………………..…..……………4TH RESPONDENT
ATTORNEY GENERAL……………………………………….. .5TH RESPONDENT
AND
KAMENE MUTISO………………………………………1ST INTERESTED PARTY
KANINI MUINDI……………………………………….2ND INTERESTED PARTY
SUSAN NGILA …………………………………………3RD INTERESTED PARTY
RULING
In Chamber Summons dated 22nd August, 2012, Applicants herein seek to be enjoined as interested parties in the suit. The application is premised on grounds that the proposed interested parties have interest in the subject matter, the suit plot No. 59 Iveti Adjudication section as owners by transmission from their husbands; the decision of the court will adversely affect them if they are not given a hearing.
The supporting affidavit to the application is deponed by Kamene Mutiso having been authorised by her co-applicants where she reiterates the fact that they are in occupation of Plot No. 59 which is the subject matter herein.
The application is not opposed.
It has been established that the applicants herein have interest in the subject matter herein. In order for this court to conclusively adjudicate on the matter it will be just for the proposed interested parties to be enjoined.
Accordingly, I grant leave to the applicants to be enjoined to this suit as interested parties.
Costs of the application shall be in the cause.
DATED, SIGNED and DELIVEREDat MACHAKOS this 26THday of SEPTEMBER 2013.
L.N. MUTENDE
JUDGE