Francis Ndirangu Mwangi v William Kiplangt Sigilai, Samwel Sang & Kevin Sang [2021] KEELC 1482 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT NAKURU

LAND CASE NO. 286 OF 2018

FRANCIS NDIRANGU MWANGI....................................PLAINTIFF/APPLICANT

VERSUS

WILLIAM KIPLANGT SIGILAI......................................................1ST DEFENDANT

SAMWEL SANG................................................................................ 2ND DEFENDANT

KEVIN SANG...................................................................................... 3RD DEFENDANT

RULING

1. This suit is partly heard in that PW1 the plaintiff has already testified. 3 defendants were enjoined in this suit at its commencement. Now there is an application by the 3rd defendant dated 10th March 2021 seeks the following orders:

1. THAT the Applicant, REBECCA TANUI TITANY, be joined as an interested party AND/OR in the alternative the 4th Defendant in this suit.

2. THAT the costs of this application be in the cause

2. The plaintiff respondent’s opposition to the application is contained in his sworn affidavit dated 9/4/2021 in which he simply states at paragraph 18 that the application is an abuse of the court process.

3. The essence of joinder of parties to a suit is to have the disputes that would touch on their interests or in which they are necessary parties be determined with finality. Order 1 rule 10 (2) states as follows:

“10. Substitution and addition of parties.

(1)…

(2) The court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the court may be necessary in order to enable the court effectually and completely to adjudicate upon and settle all questions involved in the suit, be added.”

4.  The main question to consider in an application for joinder is whether the proposed party’s “presence before the court may be necessary in order to enable the court effectually and completely to adjudicate upon and settle all questions involved in the suit.” The plaintiff does not appear to be disputing that the proposed party is a necessary party.

5. The grounds upon which the application is made are that the proposed party is a daughter to the Sowe arap Titany deceased the registered owner of LR Nakuru Municipality Block 29/30; ; that she is born of Titany’s second wife; that she is a brother to the 3rd defendant; that she has lived on the suit land for a lengthy period; that she is a beneficiary of the estate of the deceased; that she has a stake in the property  and that her presence is necessary to enable the court effectually and finally adjudicate and settle the issues involved in the suit.

6. I have perused the annextures to the application and I am persuaded that the applicant has established that it would be necessary to have the applicant enjoined to the suit as an interested party.

7. Consequently the application dated 10/3/2021 has merit and the same is granted in terms of prayer no 1 to the extent that the applicant Rebecca Tanui Titany is hereby enjoined to the instant suit as the 4th defendant.  The 4th defendant shall file and serve her defence to the suit and generally comply with Order 11of theCivil Procedure Rules within7 days of this order in default of which the orders of joinder made herein shall automatically lapse. The costs of the application shall be in the cause.

DATED, SIGNED AND ISSUED AT NAKURU VIA ELECTRONIC MAIL ON THIS 19TH DAY OF OCTOBER, 2021.

MWANGI NJOROGE

JUDGE, ELC, NAKURU