[2012] KEHC 3949 (KLR)
The court found that since the interested party had already been joined to the proceedings by consent, the application to delay the ruling and revisit the joinder was unnecessary. The only remaining issue was the consent regarding the deposit of rent, which the interested party claimed was not authorized. However,...
Source-derived case information.
- Citation
- [2012] KEHC 3949 (KLR)
- Parties
- Plaintiff: Private Development Company Limited; Defendant: Rebecca Ngonyo; Defendant: Samuel Kamau Macharia
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 167 of 2009
- Procedural Posture
- Civil Application / Directions on Interlocutory Applications
- Outcome
- Application found purposeless and directions issued for progression of the main matter.
- Judges
- SP Ouko
- Legal Topics
- Joinder of Parties, Consent Orders, Preliminary Objection, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Private Development Company Limited
Plaintiff
Rebecca Ngonyo
Defendant
Samuel Kamau Macharia
Defendant
Procedural Posture
Civil Application / Directions on Interlocutory Applications
Legal Issues
- 1 Whether the motion to delay the ruling pending on another application should be granted.
- 2 Whether the consent orders regarding joinder and deposit of rent should be set aside.
- 3 Whether the interested party's pleadings are properly on record.
Ratio Decidendi
The court found that since the interested party had already been joined to the proceedings by consent, the application to delay the ruling and revisit the joinder was unnecessary. The only remaining issue was the consent regarding the deposit of rent, which the interested party claimed was not authorized. However, the court noted that all relevant pleadings, including the preliminary objection and affidavit filed by the interested party's former advocate, were on record and would be considered in the substantive ruling. The court thus directed that the ruling on the main application would proceed as scheduled and that the files be consolidated as per earlier consent orders.
Court Disposition
Application found purposeless and directions issued for progression of the main matter.
Orders
- The ruling shall be delivered on 29th June, 2012.
- Relevant files to be forwarded for consolidation within 14 days as per consent orders of 6th March, 2012.
Full Case Text
Judgment text and source record
14 paragraphs
PRIVATE DEVELOPMENT COMPANY LIMITED……………...……….PLAINTIFF
VERSUS
REBECCA NGONYO ……..………..………………………………1st DEFENDANT
SAMUEL KAMAU MACHARIA……..…………………………......2ND DEFENDANT
DIRECTIONS
The interested party filed a motion dated 28th March, 2012 when a ruling on another application dated 6th February, 2012 was pending delivery on 30th April, 2012. The motion of 28th March, 2012 sought that the ruling in question be delayed; that the orders made by consent on 18th March, 2012 be set aside in so far as it declared that the application of joinder dated 16th January, 2012 was spend and; that the application dated 16th January, 2012 be fixed for hearing.
Upon realizing that the interested party was already joined in these proceedings by consent, learned counsel for the interested party conceded that the application will not serve any meaningful purpose. He only took issue with the consent given by the interested party’s erstwhile advocate regarding the deposit of the rent, arguing that those were not the interested party’s instructions.
I have perused the pleadings and it is apparent that the interested party has through his erstwhile advocate filed both a notice of preliminary objection and a document headed “Supporting Affidavit” (which ought to be replying affidavit) in response to the application of 6th February, 2012. Both the notice of preliminary objection and the affidavit are part of the record and will be considered in the ruling of the application dated 6th February, 2012.
It is now directed:
i)that the ruling shall be delivered on 29th June, 2012;
ii)that in terms of the consent orders of 6th March, 2012 the relevant files be forwarded to this court for consolidation with within 14 days from the date hereof.
Dated, Signed and Delivered at Nakuru this 11th day of May, 2012.
W. OUKO
JUDGE