[2004] KEHC 528 (KLR)
The application to enjoin Ochele Ogwen as a party was rejected because the applicants failed to provide documentary evidence, such as a Search Certificate, to prove that Ochele Ogwen is a registered owner of the disputed land. The court emphasized that such evidence is crucial, especially since judgment had already...
Source-derived case information.
- Citation
- [2004] KEHC 528 (KLR)
- Parties
- Plaintiff: Okuta Ongwen; Plaintiff: William Mere Ongwen; Defendant: Moris Kisure; Defendant: Joseph Kisuge
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 273 of 1995
- Procedural Posture
- Civil Case / Ruling on Application for Joinder of Party
- Outcome
- application rejected
- Legal Topics
- Joinder of Parties, Land Ownership Disputes, Arbitration Awards, Transfer of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Okuta Ongwen
Plaintiff
William Mere Ongwen
Plaintiff
Moris Kisure
Defendant
Joseph Kisuge
Defendant
Procedural Posture
Civil Case / Ruling on Application for Joinder of Party
Legal Issues
- 1 Whether Ochele Ogwen should be enjoined as a party to the suit after judgment has been entered.
- 2 Whether sufficient evidence was provided to show Ochele Ogwen is a registered owner of the disputed land.
- 3 Whether the interests of all registered owners were considered in the arbitration award.
Ratio Decidendi
The application to enjoin Ochele Ogwen as a party was rejected because the applicants failed to provide documentary evidence, such as a Search Certificate, to prove that Ochele Ogwen is a registered owner of the disputed land. The court emphasized that such evidence is crucial, especially since judgment had already been entered and the arbitration award specified particular acreages to the applicants and defendants. Without proof of Ochele Ogwen's ownership, the court could not ascertain whether his interests were considered in the award or whether he was a necessary party to the proceedings. The absence of supporting documents was fatal to the application.
Court Disposition
application rejected
Orders
- The application to enjoin Ochele Ogwen as a party is rejected.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII CIVIL CASE NO.273 OF 1995
1. OKUTA ONGWEN ) 2. WILLIAM MERE ONGWEN ) ………………………………….. PLAINTIFFS
VERSUS
1. MORIS KISURE ) 2. JOSEPH KISUGE ) …………………………………. DEFENDANTS
RULING
The applicants/Plaintiffs application is to have Ochele Ogwen to be enjoined as a party as he is one of the registered owners of land No.KANYAMKAGO/KATIENO/678 to enable them get their shares from the defendants. In their affidavits they stated that after suing the defendants case was referred to arbitration and it was found in their favour. They later applied for the Executive Officer of court to sign transfer documents.
They however said that when they went to have the land transferred they were told that the Respondent was also registered together with plaintiff as owner of the land.
They want him enjoined to the suit so that he can sign the transfer forms.
Applicants objected to the application.
I have considered the application. The Respondents has not been a party to this suit. Judgment has already been entered. The applicant did not attach any document to show that the Respondent is of the registered owners of the land in dispute. There is no Search Certificate attached.This would show who are the actual registered owners and to how big the land is. This is important because the award gave specific acreage to the Applicants and the defendants. Was the interest of the Respondent taken care of? This can only be ascertained if the relevant documents were attached.
Application is therefore rejected.
Dated this 9th December, 2004
KABURU BAUNI JUDGE
Applicant present. Respondent present.