[2015] KEHC 2636 (KLR)
The court found that the application to enjoin Salome Mumbi Kariuki as a plaintiff was supported by the 1st and 3rd defendants and that there was no evidence of opposition from the 2nd defendant. In the absence of opposition and with support from other parties, the court exercised its discretion to allow the...
Source-derived case information.
- Citation
- [2015] KEHC 2636 (KLR)
- Parties
- Plaintiff: Simon Kariuki; Defendant: Alice Wangui Kariuki; Defendant: James Kariuki; Defendant: Nelson Kairemia M’Mikiira
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 159 of 2012
- Procedural Posture
- Civil Suit / Ruling on Application for Joinder of Party
- Outcome
- Application allowed; Salome Mumbi Kariuki enjoined as plaintiff; costs to remain in the cause.
- Judges
- FM Njoroge
- Legal Topics
- Joinder of Parties, Costs of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Kariuki
Plaintiff
Alice Wangui Kariuki
Defendant
James Kariuki
Defendant
Nelson Kairemia M’Mikiira
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Joinder of Party
Legal Issues
- 1 Whether Salome Mumbi Kariuki should be enjoined as a plaintiff in the suit.
- 2 Whether costs of the application should be provided for.
Ratio Decidendi
The court found that the application to enjoin Salome Mumbi Kariuki as a plaintiff was supported by the 1st and 3rd defendants and that there was no evidence of opposition from the 2nd defendant. In the absence of opposition and with support from other parties, the court exercised its discretion to allow the application. The court further ordered that costs of the application would remain in the cause, meaning they would be determined at the conclusion of the main suit.
Court Disposition
Application allowed; Salome Mumbi Kariuki enjoined as plaintiff; costs to remain in the cause.
Orders
- Salome Mumbi Kariuki is enjoined as a plaintiff in this matter.
- Costs of the application to remain in the cause.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO 159 OF 2012
SIMON KARIUKI ................................................................................PLAINTIFF
VERSUS
ALICE WANGUI KARIUKI ....................................................1ST DEFENDANT
JAMES KARIUKI.....................................................................2ND DEFENDANT
NELSON KAIREMIA M’MIKIIRA..........................................2ND DEFENDANT
RULING
This application is dated 24/7/2013. It seeks orders:-
THATthe Honourable Court be pleased to certify this application of utmost urgency and to hear itex-parteand on a priority basis in the 1st instance.
THATthe Honourable Court be pleased to enjoin SALOME MUMBI KARIUKI as a Plaintiff in this matter.
THATcosts of the application be provided for.
This application is supported by the 1st and 3rd defendants. There is no document, since the application was filed on 25/7/2003, showing that the 2nd defendant was opposed to it. In the circumstances, the application is allowed with costs to remain in the cause.
It is so ordered.
Delivered in open Court at Meru this 30th day of September, 2015 in the presence of: -
CC: Daniel/Lilian
Otieno C. for Plaintiff
Mutegi holding brief for Anampiu for 3rd defendant
Mutegi holding brief for G.G. Mugambi for 1st defendant
Carlpeters Mbaabu holding brief for J.G. Gitonga for 2nd defendant .
P.M. NJOROGE
JUDGE