[2018] KEELC 520 (KLR)
The court found that Catherine Mwendwa had demonstrated a sufficient interest in the subject matter of the suit, being a beneficiary of her late mother's estate and having been in occupation of the suit properties for a significant period. Her claim of entitlement through adverse possession and the risk of being...
Source-derived case information.
- Citation
- [2018] KEELC 520 (KLR)
- Parties
- Plaintiff: Paul Mwenda M’Inoti (suing in his capacity as administrator ad litem of the estate of Hellen Karambu M’ Inoti- deceased); Defendant: Peter Kirima Imathiu; Applicant: Catherine Mwendwa
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Originating Summons 101 of 2016
- Procedural Posture
- Originating Summons / Ruling on Application for Joinder of Interested Party
- Outcome
- Application allowed; Catherine Mwendwa enjoined as interested party.
- Legal Topics
- Joinder of Parties, Adverse Possession, Beneficiary Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Paul Mwenda M’Inoti (suing in his capacity as administrator ad litem of the estate of Hellen Karambu M’ Inoti- deceased)
Plaintiff
Peter Kirima Imathiu
Defendant
Catherine Mwendwa
Applicant
Procedural Posture
Originating Summons / Ruling on Application for Joinder of Interested Party
Legal Issues
- 1 Whether Catherine Mwendwa should be enjoined as an interested party to the suit.
- 2 Whether the applicant has demonstrated sufficient interest in the subject matter of the suit.
Ratio Decidendi
The court found that Catherine Mwendwa had demonstrated a sufficient interest in the subject matter of the suit, being a beneficiary of her late mother's estate and having been in occupation of the suit properties for a significant period. Her claim of entitlement through adverse possession and the risk of being rendered homeless if excluded from the proceedings established her as a necessary party for the just determination of the real matters in dispute. The absence of opposition and the supporting affidavit further justified her joinder. The application was therefore allowed, and Catherine Mwendwa was enjoined as an interested party, with costs in the cause.
Court Disposition
Application allowed; Catherine Mwendwa enjoined as interested party.
Orders
- Catherine Mwendwa is hereby enjoined as an interested party to this suit.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
IN MERU
ORIGINATING SUMMONS NO. 101 OF 2016
AND
IN THE MATTER OF THE LAND REGISTRATION ACT
AND
IN THE MATTER OF THE REGISTRATION OF ACTIONS ACT
PAUL MWENDA M’INOTI (suing in his capacity as administrator
ad litem of the estate of HELLEN KARAMBU M’ INOTI- deceased).....PLAINTIFF
VERSUS
PETER KIRIMA IMATHIU.....................................................................DEFENDANT
CATHERINE MWENDWA................................INTERESTED PARTY/APPLICANT
RULING
1. The application for the court’s consideration is the Chamber Summons dated 2nd October 2018 brought under Section 1A, 1B and 3A of the Civil Procedure Act, Order 1 Rules 10 and 25 of the Civil Procedure Rulesseeking orders that Catherine Mwendwa be made party in this suit.
2. The application is premised on the grounds stated on the face of it together with the supporting affidavit of Catherine Mwendwa who averred that the plaintiff is her uncle, the administrator of her mother’s (Hellen Karambu) estate. Together with her mother they were in occupation of LR. No. NYAKI/MUNITHU/1480 and 1481 since the year 1993 and nobody protested. Her mother died in 2010 and they buried her on the said property and before her death they enjoyed peaceful possession. That she has made the said property her home, took over all her mother’s developments making a livelihood out of it and therefore, if deprived of this land, she will be rendered homeless. She further stated that she is a beneficiary of her mother’s estate and has entitlement to the land through adverse possession.
3. The application was set to be heard inter-parties on 6th November 2018 but despite service the defendant was absent. Advocate Mr. Muchiri for the plaintiff asked for the court to allow the application because it was not opposed.
4. The issue for determination is whether to enjoin the said Catherine Mwendwa as an interested party to this suit. Order 1 rule 10 (1) provides that:
“Where a suit has been instituted in the name of the wrong persons as plaintiff, or where it is doubtful whether it has been instituted in the name of the right plaintiff, the court may at any stage of the suit, if satisfied that the suit has been instituted through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute to do so, order any other person to be substituted or added as plaintiff upon such terms as the court thinks fit.”
5. I find that the applicant has demonstrated that she is indeed an interested party. As such, the application is allowed in terms of Prayer 1, but costs shall be in the cause.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 17TH DECEMBER, 2018 IN THE PRESENCE OF:-
C/A: Kinoti
Muchiri for applicant
HON. LUCY. N. MBUGUA
ELC JUDGE