[2017] KEELC 3768 (KLR)
The court found that the applicant had demonstrated a sufficient and direct interest in the subject matter of the suit, namely land parcel NORTH WANGA/MATUNGU/50, having purchased it at a public auction and being unable to register his interest due to a subsisting court order. The absence of opposition from the...
Source-derived case information.
- Citation
- [2017] KEELC 3768 (KLR)
- Parties
- Plaintiff: Ramadhan Makokha Injamu; Defendant: Enoka Watako Makokha; Defendant: Co-operative Bank of Kenya Ltd; Defendant: Joseph Mungai Gikonyo; Applicant: Charles Omery Kwangoto
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 493 of 2014
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Joinder as Defendant
- Outcome
- application granted
- Judges
- NA Matheka
- Legal Topics
- Joinder of Parties, Public Auction, Land Ownership Disputes, Injunctive Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ramadhan Makokha Injamu
Plaintiff
Enoka Watako Makokha
Defendant
Co-operative Bank of Kenya Ltd
Defendant
Joseph Mungai Gikonyo
Defendant
Charles Omery Kwangoto
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Application for Joinder as Defendant
Legal Issues
- 1 Whether the applicant should be joined as a defendant in the suit concerning land parcel NORTH WANGA/MATUNGU/50.
- 2 Whether the applicant has demonstrated sufficient interest in the subject matter to warrant joinder.
Ratio Decidendi
The court found that the applicant had demonstrated a sufficient and direct interest in the subject matter of the suit, namely land parcel NORTH WANGA/MATUNGU/50, having purchased it at a public auction and being unable to register his interest due to a subsisting court order. The absence of opposition from the other parties further supported the applicant's position. The court exercised its discretion under Order 1 Rule 10 of the Civil Procedure Rules to allow the joinder, holding that the applicant's participation was necessary for the effective and complete adjudication of the dispute regarding ownership and interests in the land. The application was therefore granted as prayed, with...
Court Disposition
application granted
Orders
- Charles Omery Kwangoto is joined to the case as the 4th defendant.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE LAND AND ENVIRONMENT COURT OF KENYA AT KAKAMEGA
ELC CASE NO. 493 OF 2014
RAMADHAN MAKOKHA INJAMU.............................PLAINTIFF
VERSUS
ENOKA WATAKO MAKOKHA.........................1ST DEFENDANT
CO-OPERATIVE BANK OF KENYA LTD........2ND DEFENDANT
JOSEPH MUNGAI GIKONYO.........................3RD DEFENDANT
AND
CHARLES OMERY KWANGOTO...........................APPLICANT
RULING
The application is dated 24th march 2015 and is brought under order 1 rule 10 and 25 of the civil procedure rules and seeking the following orders;
1. That MR. CHARLES OMERY KWANGOTO to be joined to this case as the 4th defendant.
2. That cost be provided for.
The application is based on the grounds that the applicant purchased land parcel number NORTH WANGA/MATUNGU/50 at a public auction. The applicant submitted that he is an interested party in that property which is the subject of this suit namely NORTH/WANGA/MATUNGU/50. That on 19th April, 2012 I attended a public auction which was being conducted by GARAM INVESTMENTS whereby he was the highest bidder of the land. That he attended the auction pursuant to the advertisements done by GARAM INVESTMENTS. Annexed and marked CO1 is a copy of the advertisement. After he was successful, he was able to pay the required prize and the charge duly released to him documents in relation to the land. Annexed and marked CO2 is a letter forwarding the documents. He is unable to register his documents because the court issued an order which was filed at the land registry on 3rd of August, 2012. Annexed and marked CO3 is a copy of the search certificate to proof that fact. He therefore, claims ownership of the land and wishes to be enjoined as a party herein to suit. That he has now filed my pleadings which are hereby annexed and marked CO4. He wants to be joined as an interested party with a counter-claim to the land. All the parties to this application were served but failed to file any grounds of opposition.
This court has considered the application of the applicant. He submitted that he is an interested party in that property which is the subject of this suit namely NORTH/WANGA/MATUNGU/50. That on 19th April, 2012 he attended a public auction which was being conducted by GARAM INVESTMENTS whereby he was the highest bidder of the land. That he attended the auction pursuant to the advertisements done by GARAM INVESTMENTS. Annexed and marked CO1 is a copy of the advertisement. After he was successful, he was able to pay the required prize and the charge duly released to him documents in relation to the land. I find this application has merit and grant it as prayed. Costs to be in the cause.
Orders accordingly.
DELIVERED, DATED AND SIGNED AT KAKAMEGA IN OPEN COURT THIS 21ST DAY OF JUNE 2017.
N.A. MATHEKA
JUDGE