[2024] KEHC 8534 (KLR)

[2024] KEHC 8534 (KLR)

The court found that the application for disjoinder of the 1st Defendant, Silas Ogut Nyambok, and the joinder of the Ministry of Lands, Public Works, Housing and Urban Development as the new 1st Defendant was unopposed and merited. The court exercised its discretion under the Civil Procedure Rules to allow the...

Source-derived case information.

Citation
[2024] KEHC 8534 (KLR)
Parties
Plaintiff: Juma Sila Ongati; Plaintiff: Lisets Investment Limited; Defendant: Silas Ogut Nyambok; Defendant: Inspector General Of Police; Defendant: The Attorney General; Defendant: Ministry of Lands, Public Works, Housing and Urban Development
Court
High Court
Court Station
High Court at Kisumu
Jurisdiction
Kenya
Case Number
Civil Case E001 of 2024
Procedural Posture
Civil Case / Ruling on Notice of Motion for Joinder and Disjoinder of Parties
Outcome
Application allowed. 1st Defendant disjoined and Ministry of Lands, Public Works, Housing and Urban Development joined as 1st Defendant. Directions for service and filing of pleadings issued.
Judges
MS Shariff
Legal Topics
Joinder of Parties, Disjoinder of Parties, Amendment of Pleadings
Source Language
en
Civil Procedure Joinder of Parties Disjoinder of Parties Amendment of Pleadings

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Parties

Juma Sila Ongati

Plaintiff

Lisets Investment Limited

Plaintiff

Silas Ogut Nyambok

Defendant

Inspector General Of Police

Defendant

The Attorney General

Defendant

Ministry of Lands, Public Works, Housing and Urban Development

Defendant

Procedural Posture

Civil Case / Ruling on Notice of Motion for Joinder and Disjoinder of Parties

Legal Issues

  1. 1 Whether the 1st Defendant should be disjoined from the suit and replaced with the Ministry of Lands, Public Works, Housing and Urban Development.
  2. 2 Whether the Plaintiff or other parties oppose the application for joinder and disjoinder.
  3. 3 What directions should be given for service and filing of pleadings following the change of parties.

Ratio Decidendi

The court found that the application for disjoinder of the 1st Defendant, Silas Ogut Nyambok, and the joinder of the Ministry of Lands, Public Works, Housing and Urban Development as the new 1st Defendant was unopposed and merited. The court exercised its discretion under the Civil Procedure Rules to allow the application, ensuring that the proper party is before the court for the effective determination of the dispute. The court further issued directions for service of pleadings and filing of appearance and set a pre-trial date to facilitate the orderly progress of the suit.

Court Disposition

Application allowed. 1st Defendant disjoined and Ministry of Lands, Public Works, Housing and Urban Development joined as 1st Defendant. Directions for service and filing of pleadings issued.

Orders

  • The 1st Defendant Silas Ogut Nyambok is hereby disjoined from this suit and in his place the Ministry of Lands, Public Works, Housing and Urban Development is joined as the 1st Defendant.
  • The 3rd Defendant is directed to serve the new 1st Defendant with pleadings of the Plaintiff, the 2nd and 3rd Defendant within 7 days from the date hereof.