[2014] KEHC 3616 (KLR)
The court found that the interested party, as the registered proprietor of a subdivision of the land in dispute, has a direct proprietary interest in the subject matter of the suit. Since there was no opposition to the application and the applicant demonstrated sufficient interest, the court exercised its discretion...
Source-derived case information.
- Citation
- [2014] KEHC 3616 (KLR)
- Parties
- Plaintiff: W W N (Suing on her own behalf and on behalf of R M M, G M M and T N M (Minors)); Defendant: Stephen Gitari Njanja; Defendant: Sebastiano Mwaniki Njiru; Interested Party: Ciuru Kiriamburi
- Court
- High Court
- Court Station
- High Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 742 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Joinder of Interested Party
- Outcome
- application allowed
- Judges
- BN Olao
- Legal Topics
- Joinder of Parties, Proprietary Interest, Land Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
W W N (Suing on her own behalf and on behalf of R M M, G M M and T N M (Minors))
Plaintiff
Stephen Gitari Njanja
Defendant
Sebastiano Mwaniki Njiru
Defendant
Ciuru Kiriamburi
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Application for Joinder of Interested Party
Legal Issues
- 1 Whether the interested party should be enjoined in the suit as a party.
- 2 Whether the interested party has a proprietary interest in the subject property.
Ratio Decidendi
The court found that the interested party, as the registered proprietor of a subdivision of the land in dispute, has a direct proprietary interest in the subject matter of the suit. Since there was no opposition to the application and the applicant demonstrated sufficient interest, the court exercised its discretion to allow the joinder of the interested party to ensure that all parties with an interest in the subject property are before the court and to avoid multiplicity of suits.
Court Disposition
application allowed
Orders
- The interested party's application dated 30th October 2013 is allowed as prayed.
- Costs in the cause.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERUGOYA
ELC CASE NO. 742 OF 2013
W W N (Suing on her own behalf and on behalf of R M M
G M M AND
T N M (MINORS) ………………………………………...……….. PLAINTIFFS
VERSUS
STEPHEN GITARI NJANJA ………………………………...1ST DEFENDANT
SEBASTIANO MWANIKI NJIRU …………………………...2ND DEFENDANT
AND
CIURU KIRIAMBURI ……………………………………INTERESTED PARTY
RULING
This is in respect to the application by the interested party seeking to be enjoined herein. His case is that he is the registered proprietor of L.R No. BARAGWE/GUAMA/3126 which is a resultant sub-division of BARAGWE/GUAMA/1369 which is the subject of the suit between the plaintiff and defendant.
The application is not opposed as there was no reply filed and indeed during the hearing today, Mr. Mwai for the 1st defendant raised no objection to the same.
In the circumstances, the interested party’s application dated 30th October 2013 is allowed as prayed.
Costs in the cause.
B.N. OLAO
JUDGE
3RD JULY 2014
Ruling delivered in open Court this 3rd day of July 2014.
Applicant present
Mr. Mwai for 1st defendant present
No appearance by plaintiff or 2nd defendant.
B.N. OLAO
JUDGE
3RD JULY 2014