[2014] KEELC 306 (KLR)
The court found that the family of the defendant, including the Interested Party, had objected to the sale of the suit property and had a direct interest in its outcome. The Interested Party, as a beneficiary of the estate of the original owner, is a necessary party for the effectual and complete determination of...
Source-derived case information.
- Citation
- [2014] KEELC 306 (KLR)
- Parties
- Plaintiff: Said Salim Omar; Defendant: Japhet Enock Mrabu; Interested Party: Gladys Dama Bilahi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 43 of 2012
- Procedural Posture
- Land Case / Ruling on Application for Joinder of Interested Party as Defendant
- Outcome
- Application allowed. Interested Party enjoined as defendant.
- Judges
- OA Angote
- Legal Topics
- Joinder of Parties, Locus Standi, Trusts in Land, Estate Beneficiaries
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Said Salim Omar
Plaintiff
Japhet Enock Mrabu
Defendant
Gladys Dama Bilahi
Interested Party
Procedural Posture
Land Case / Ruling on Application for Joinder of Interested Party as Defendant
Legal Issues
- 1 Whether the Interested Party, Gladys Dama Bilahi, should be enjoined as a defendant in the suit.
- 2 Whether the Interested Party has locus standi to defend the plaintiff's claim regarding the suit property.
Ratio Decidendi
The court found that the family of the defendant, including the Interested Party, had objected to the sale of the suit property and had a direct interest in its outcome. The Interested Party, as a beneficiary of the estate of the original owner, is a necessary party for the effectual and complete determination of the real issues in dispute. The court held that her joinder as a defendant is warranted to ensure all interests are represented and the dispute is conclusively resolved.
Court Disposition
Application allowed. Interested Party enjoined as defendant.
Orders
- Gladys Dama Bilahi is enjoined as a defendant in this case and granted leave to defend the plaintiff's claim.
- Costs of the application to be costs in the cause.
Full Case Text
Judgment text and source record
27 paragraphs
ENVIRONMENT AND LAND COURT
AT MALINDI
LAND CASE NO. 43 OF 2012
SAID SALIM OMAR..................................................................................PLAINTIFF
=VERSUS=
JAPHET ENOCK MRABU.....................................................................DEFENDANT
GLADYS DAMA BILAHI…………………………………….….INTERESTED PARTY
R U L I N G
Introduction
What is before me is the Interested Party's Application dated 28th February, 2014 filed pursuant to Order 1 Rule 3 and 10 (2) of the Civil Procedure Rules. The Application is seeking for the following orders:
(a) THAT the Interested Party GLADYS DAMA BILAHI be enjoined as a Defendant in this case and she be granted leave to Defend the Plaintiff's claim.
(b) THAT the costs of this application be costs in the cause.
The Interested Party's/Applicant’s case:
It is the Applicant's case that she is the sister of Enock Mrabu and a daughter of the late Japhet Bilahi who was the owner entitled to possession of the suit property which he had developed.
It is the Applicant's deposition that during the registration process, his brother, the late Enock Mrabu registered himself as the owner of the property; that the said Enock Mrabu held the suit property in trust for the family of Japhet Bilahi and that as a family they filed a case when he tried to sell the property to the Plaintiff.
The case in the lower court was compromised out of court on the understanding that the transactions over the properties are rescinded and any deposit paid be refunded. Consequently, it was depone, the Interested Party being a direct beneficiary to the Estate of Japhet Bilahi has a valid interest in the ownership of the suit premises.
Plaintiff's/Respondent's case:
The Plaintiff's advocate filed his Grounds of Opposition and averred that the Applicant has no locus standi to file the current Application.
The Interested Party's advocate filed his submissions on 18th March 2014 which I have considered. The Plaintiff's advocate did not file any submissions.
Analysis and findings:
It is on record that the Defendant's family had objected to the sale of the suit property to the Plaintiff. This fact was admitted in the Plaintiff’s supporting affidavit sworn on 6th November, 2012 in which he stated as follows:
“That a meeting was held in which meeting the late Mrabu's family members asked that the sale of the two plots be nullified but I did not accept their request.”
It is therefore obvious that the Defendants family, whether rightfully or not, have an interest in the suit property and in the outcome of this suit. The Interested Party is therefore a necessary party for the effectual and complete determination of the real issues in dispute.
In the circumstances, I allow the Interested Party's Application dated 28th February, 2014 as prayed.
Dated and delivered in Malindi this 20th Day of June, 2014
O. A. Angote
Judge