[2013] KEHC 5532 (KLR)
The court found that both the current suit and civil case number 70 of 2009 involve the same plot, KAKAMEGA TOWN/BLOCK III/270, and that the defendants are the same in both cases. The court determined that it would be prudent to enjoin the applicant as an interested party to ensure that all issues relating to the...
Source-derived case information.
- Citation
- [2013] KEHC 5532 (KLR)
- Parties
- Plaintiff: Violet Merab Songa; Plaintiff: Eugine Harry Songa; Plaintiff: Eunice Jeanette Songa; Defendant: Tatuli Mbasu; Defendant: Mathew Samaki
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Case 95 of 2009
- Procedural Posture
- Civil Case / Ruling on Application for Joinder of Interested Party
- Outcome
- application for joinder granted
- Legal Topics
- Adverse Possession, Joinder of Parties, Land Title Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Violet Merab Songa
Plaintiff
Eugine Harry Songa
Plaintiff
Eunice Jeanette Songa
Plaintiff
Tatuli Mbasu
Defendant
Mathew Samaki
Defendant
Procedural Posture
Civil Case / Ruling on Application for Joinder of Interested Party
Legal Issues
- 1 Whether the interested party should be enjoined in the suit concerning plot number KAKAMEGA TOWN/BLOCK III/270.
- 2 Whether the issues in the current suit and civil case number 70 of 2009 involve the same subject matter.
Ratio Decidendi
The court found that both the current suit and civil case number 70 of 2009 involve the same plot, KAKAMEGA TOWN/BLOCK III/270, and that the defendants are the same in both cases. The court determined that it would be prudent to enjoin the applicant as an interested party to ensure that all issues relating to the disputed property are resolved comprehensively and to avoid conflicting decisions. The absence of opposition from the defendants and the lack of response from the plaintiffs further supported the decision to grant the application for joinder.
Court Disposition
application for joinder granted
Orders
- The application dated 2.9.2009 is granted as prayed.
- The applicant is enjoined as an interested party.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
CIVIL CASE NO. 95 OF 2009
VIOLET MERAB SONGA …………………….………… 1ST PLAINTIFF
EUGINE HARRY SONGA ……………………………… 2ND PLAINTIFF
EUNICE JEANETTE SONGA …………….………….. 3RD PLAINTIFF
V E R S U S
TATULI MBASU ..…………………………………….. 1ST DEFENDANT
MATHEW SAMAKI ..………………………………… 2ND DEFENDANT
R U L I N G
The plaintiff filed the originating summons against the defendant on 8. 6.2009 seeking orders that they have acquired a portion of land comprised in plot number KAKAMEGA TOWN/BLOCK III/270 by way of adverse possession. The interested party filed civil suit number 70 of 2009 against the defendants seeking revocation of the title to plot number KAKAMEGA TOWN/BLOCK III/270 on the grounds that the plot was acquired fraudulently and through illegal means.
The interested party has filed the current application seeking to be enjoined in this suit. The interested party contends that the same suit property is in dispute in civil case number 70 of 2009 and the defendants in this case are the same in the other case.
Order I rule 22 allows the court to enjoin a third party to a suit. I have seen the plaint in civil case number 70 of 2009 and the issues in that suit involve the validity of title number KAKAMEGA TOWN/BLOCK III/270. In the current suit, the plaintiffs own plot number KAKAMEGA TOWN/BLOCK III/94. Their claim is that part of their development appears to have been erected on plot number 270 and is apprehensive that the defendants may demolish their property.
The defendants are not opposed to the application. The plaintiffs did not file any response to the application. Since the two cases involve the same plot number KAKAMEGA TOWN/BLOCK III/270, I do find that it will be prudent if the applicant is enjoined as an interested party. The application dated 2. 9.2009 is hereby granted as prayed. Parties to list the matter for further directions. Costs shall be in the cause.
Delivered, dated and signed at Kakamega this 25th day of July 2013
SAID J. CHITEMBWE
J U D G E