[2007] KEHC 3121 (KLR)
The court determined that the proper course was to ensure all parties are served with the Chamber Summons dated 13/9/2006 and given an opportunity to respond before the matter proceeds. The court emphasized the need for procedural fairness and the maintenance of the status quo through interim orders until all...
Source-derived case information.
- Citation
- [2007] KEHC 3121 (KLR)
- Parties
- Plaintiff: Roy Macharia Nduati; Plaintiff: Dorothy May Watts; Defendant: Mwakasa Ltd. t/a Shree Homes; Defendant: African Safari Club Ltd.; Defendant: Municipal Council of Mombasa
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 183 of 2006
- Procedural Posture
- Civil Suit / Directions Ruling on Service of Amended Plaint and Interim Orders
- Outcome
- directions issued; interim orders maintained
- Legal Topics
- Easements, Interim Injunctions, Amendment of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Roy Macharia Nduati
Plaintiff
Dorothy May Watts
Plaintiff
Mwakasa Ltd. t/a Shree Homes
Defendant
African Safari Club Ltd.
Defendant
Municipal Council of Mombasa
Defendant
Procedural Posture
Civil Suit / Directions Ruling on Service of Amended Plaint and Interim Orders
Legal Issues
- 1 Whether the plaintiffs are entitled to access the suit properties by virtue of easement.
- 2 Whether the plaint should be amended to include or strike out certain parties.
- 3 Whether interim orders should be maintained pending hearing.
Ratio Decidendi
The court determined that the proper course was to ensure all parties are served with the Chamber Summons dated 13/9/2006 and given an opportunity to respond before the matter proceeds. The court emphasized the need for procedural fairness and the maintenance of the status quo through interim orders until all parties have been heard. The court directed the plaintiffs to serve the application within 14 days and for the respondents to file their responses three days before the hearing date. The interim orders previously granted were to remain in force until the hearing.
Court Disposition
directions issued; interim orders maintained
Orders
- Plaintiffs to serve the Chamber Summons dated 13/9/2006 upon all named parties within 14 days.
- Parties served to file their responses three days before the hearing date.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
Civil Suit 183 of 2006
ROY MACHARIA NDUATI …………….…...…….……….1ST PLAINTIFF
DOROTHY MAY WATTS…………………...……………2ND PLAINTIFF
VERSUS
MWAKASA LTD. T/A SHREE HOMES …….....…..…..1ST DEFENDANT
AFRICAN SAFARI CLUB LTD. ……………….....……2ND DEFENDANT
MUNICIPAL COUNCIL OF MOMBASA ……..……...3RD DEFENDANT
RULING ON DIRECTIONS
The plaintiffs herein, namely Roy Macharia Nduati and Dorothy May Watts initially named Mwakasa Ltd t/a Shree Homes, African Safari Club Limited and Municipal Council of Mombasa as 1st, 2nd and 3rd Defendants in this suit to seek for remedies in law to have access to L.R. No. 4732 and L.R. NO. MN/I5905 by virtue of their continuous use and enjoyment of the easement. Interim orders of injunction were given when the parties appeared before this court exparte. It later emerged that upon conducting a search at the Lands Registry that the alleged access to the plaintiffs’ residences were interfered with by four parcels of land as opposed to the two named in the plaint. This prompted the plaintiff to seek for leave to amend the plaint to include the other parties who had not been named and of course to strike out the names of those who were wrongly joined to the suit. The process of striking out Mwakasa Ltd t/a Shree Homes, was done on 13/12/2006. When the application dated 13/9/2006 came up for hearing, advocates appearing for the newly added parties were of the view that directions be given on the way forward in the matter because they filed their responses in view of the newspaper advertisement of the existence of the case.
Without taking much time, I am of the view that the remaining issues raised in the Chamber Summons dated 13. 9.2006 can easily be sorted out if all the parties named herein are served with the application and then a hearing date on priority be given at the registry. In the light of that I direct the plaintiffs to have the Chamber Summons dated 13/9/2006 served upon all the parties named within 14 days. The parties so served should file their responses three days before the hearing date. In the meantime the status quo obtaining now pursuant to the interim orders be maintained until then.
Dated and delivered at Mombasa this 21st day of February 2007.
J.K. SERGON
J U D G E
In open court in the presence of Mr. Tindi for the plaintiff/applicant.
Ouma for 1st Defendant
Kinyua for the 2nd Defendant
N/A for 3rd Defendant.