Kalliste Limited v Bakari Bendera & 77 Others [2014] KEHC 4637 (KLR)

COPY

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

ELC. NO.  509  OF 2011

KALLISTE LIMITED ..................................................................... PLAINTIFF

-VERSUS-

BAKARI BENDERA & 77 OTHERS .................................. DEFENDANTS

RULING

The application subject matter of this ruling is for joinder of parties under Order 1 rule 10.  The application is supported by the Affidavit of Mr. Mwamvula Moti.  The applicants state that since this is a suit for vacant possession they will be affected by the decree giving vacant possession.  Since they are in occupation of the land.  They would therefore like to be joined as parties to the suit.  They argue that the court has wide powers under Order 1 rule 10 (2) of the Civil Procedure Rules.

The plaintiff has filed grounds of opposition claiming that the intended defendants only want to delay the suit and that the application is frivolous.

This being a land matter and the intended applicants having claimed that they are in possession of the suit land, I feel their claim for whatever  it is worth ought to be heard on merits.

This application is allowed with no order as to costs.

Dated and delivered in open court at Mombasa this 28th day of May, 2014.

S. MUKUNYA

JUDGE

28. 5.2014

In the presence of:

Mrs. Umara Advocate for the plaintiff

Mr. Mutiso Advocate  and Mrs. Njengo Advocate  for the defendants