[2021] KEELC 3768 (KLR)
The court found that the application for leave to amend the originating summons and to enjoin Peter Tambo Mugoya as a second defendant was unopposed and merited. The court considered the relevant provisions of the Civil Procedure Rules regarding joinder of parties and amendment of pleadings, as well as the absence...
Source-derived case information.
- Citation
- [2021] KEELC 3768 (KLR)
- Parties
- Plaintiff: Thadayo Auma Abuogi; Defendant: Karen Margaret Juma
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 6 of 2020
- Procedural Posture
- Notice of Motion / Ruling on Application for Leave to Amend Originating Summons and for Joinder of Party
- Outcome
- Application allowed as prayed.
- Judges
- GMA Ongondo
- Legal Topics
- Joinder of Parties, Amendment of Pleadings, Leave of Court, Land Title Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thadayo Auma Abuogi
Plaintiff
Karen Margaret Juma
Defendant
Procedural Posture
Notice of Motion / Ruling on Application for Leave to Amend Originating Summons and for Joinder of Party
Legal Issues
- 1 Whether the plaintiff should be granted leave to amend the originating summons.
- 2 Whether Peter Tambo Mugoya should be enjoined as a second defendant.
- 3 Whether the amended originating summons should be deemed duly filed upon payment of requisite fees.
Ratio Decidendi
The court found that the application for leave to amend the originating summons and to enjoin Peter Tambo Mugoya as a second defendant was unopposed and merited. The court considered the relevant provisions of the Civil Procedure Rules regarding joinder of parties and amendment of pleadings, as well as the absence of objection from the defendant. The court exercised its discretion to allow the application, holding that the amendments and joinder were necessary for the just determination of the issues relating to the suit land. The orders sought were granted as prayed, subject to payment of requisite court fees for the amended summons.
Court Disposition
Application allowed as prayed.
Orders
- Leave is granted to the plaintiff to amend the originating summons and to enjoin Peter Tambo Mugoya as second defendant.
- The amended originating summons annexed is deemed duly filed upon payment of requisite court fees.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MIGORI
ELC CASE NO. 6 OF 2020
THADAYO AUMA ABUOGI........PLAINTIFFS
VERSUS
KAREN MARGARET JUMA........DEFENDANT
RULING
1. By a Notice of motion dated 30th May 2020 and duly filed on the even date under section 1 (A&B), 3,3A & 63 ( e) of the Civil Procedure Act & Order 51 Rule 1 of the Civil Procedure Rules 2010 and Order 8 Rule 3 (1) and Order 49 Rule 7 (1) (B) (VI) of the Civil Procedure Rules 2010 and Article 159 of the Constitution of Kenya 2010 and all other enabling Provisions of the law,(the application herein). The plaintiff THADAYO AUMA ABUOGI who initially appeared in person and now represented by Messrs Kisia and company Advocates is seeking orders infra;-
a. That leave be granted to the applicant/plaintiff to amend his originating summons filed herein and to enjoin Peter Tambo Mugoya as 2nd Defendant/Respondent.
b. That the amended originating summons copy here with annexed herein be deemed as duly filed upon payment of the Court requisite fees.
c. Costs of this application be in the cause.
2. The application is premised on the plaintiff’s supporting affidavit sworn on the even date and the draft annexed to the originating summons and copy of green card/register in regard to the suit land, LR NO. SUNA EAST/WASWETA 1/11954. The same is also premised on grounds (a) to (f) set out on it’s face and noted accordingly.
3. The defendant was duly served. She is aware of the application. She had the liberty to appear or not to appear herein as observed by the Court of Appeal in Ogada =vs= Mollin (2002) KLR 620.
4. The defendant has appeared in person. She has no objection to the orders sought in the application.
5. This court is conscious of joinder and now joinder of the parties to a suit as per Order 1 Rule 9 of the Civil Procedure Rules, 2010 and the Black’s Law Dictionary 10th Edition at page 965 on the definition of “joinder of parties.” owever, none of the parties complied thus, precipitating this ruling; See Order 51 Rule 16 of the Civil Procedure Rules, 2010.
6. I find the application sound and unopposed. Its merited in the circumstances.
7. Wherefore, the application dated 30th May 2020 is hereby allowed in terms of orders 1,2 and 3 sought therein.
Orders accordingly.
DELIVERED, DATED AND SIGNED AT MIGORI THIS 23RD DAY OF MARCH, 2021
G.M.A. ONGONDO
JUDGE
In presence of ;-
Tom Maurice - Court assistant
Mr. Kipngetich holding brief for Kisia for the plaintiff