Nancy Wanja Gatabaki v Jacaranda Holdings Property Limited & Suraya Property Group Limited;George Njoroge Kihanya, Frank Njoroge,Joseph Kanuri,Johnson Kinyanjui,Patrick Macharia Kooro,Vincent Kuria Muchiru,Catherine Muthoni Kuria,Rahab Mwihaki Karoko & Samuel Mundati Gatabaki (Interested Parties) [2021] KEHC 7194 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI

COMMERCIAL & TAX DIVISION

CIVIL SUIT NO 142 OF 2015

NANCY WANJA GATABAKI..............................................................................PLAINTIFF

-VERSUS-

JACARANDA HOLDINGS PROPERTY LIMITED.............................1ST DEFENDANT

SURAYA PROPERTY GROUP LIMITED ...........................................2ND DEFENDANT

AND

GEORGE NJOROGE KIHANYA.............................................1ST INTERESTED PARTY

DR. FRANK NJOROGE...........................................................2ND INTERESTED PARTY

JOSEPH KANURI......................................................................3RD INTERESTED PARTY

JOHNSON KINYANJUI............................................................4TH INTERESTED PARTY

PATRICK MACHARIA KOORO............................................ 5TH INTERESTED PARTY

VINCENT KURIA MUCHIRU..................................................6TH INTERESTED PARTY

CATHERINE MUTHONI KURIA.............................................7TH INTERESTED PARTY

RAHAB MWIHAKI KAROKO................................................8TH INTERESTED PARTY

DR. SAMUEL MUNDATI GATABAKI....................................9TH INTERESTED PARTY

R U L I N G

1. When the matter came up for mention on 5/5/2021, Mr. Ashford Muguku, advocate applied orally to have Mrs. Dorothy Wanjiku Ngucu joined as an interested party in this case.

2. The oral application was made under Order 1 Rule 25 of the Civil Procedure Rules.The grounds upon which the application was made was that, the plaintiff and 2nd defendant have failed to release to her the original titles for the parcels of land that she had purchased consisting of; LR Nos. 28223/38, LR 28223/52 and 28223/53 measuring 1. 5 acres. That the said properties were part of the larger property that is the subject matter of this suit.

3. Mr. Muturi, Learned Counsel for the plaintiff, opposed the application stating that Mrs. Dorothy Wanjiku had filed another suit, HCCC 760/2012 against the plaintiff and the 1st defendant. That the instant suit emanated from a development contract and not possession of land. He argued that the joinder of Ms.Wanjiku would delay the matter.

4. I have considered the opposing parties’ submissions as well as the record. It is true that the present suit arise out of a development contract between the plaintiff, the 9th interested party and the defendants.

5. However, it turned out that the plaintiff and the 9th interested party had there before entered into sale agreements with 3rd parties over the same subject property. The interest of the other interested parties is the same as that of the applicant herein. Although she has come late in the day, she can be joined without causing any violence to the suit or delaying the trial.

6. Mr. Muturisubmitted that the applicant should file her claim before the Environment and Land Court. That is an argument that defeats the purpose and spirit of Article 159 of the Constitutionthat requires expedited delivery of justice. There is no luxury in the judicial time. The transaction between the applicant and the plaintiff must have been and indeed was a commercial transaction.

7. In the circumstances, the Court finds that it will be in the interest of justice and expeditious resolution of this protracted matter that the said Dorothy Wanjiku Ngucube enjoined as an interested party in this Consolidated suit. Accordingly, she is enjoined accordingly.

8. The said Dorothy Wanjiku Ngucuis to file and serve her witness statements and paginated bundle of documents within 14 days of the date hereof.

9. As such and in reference to the consolidation order made on 20/4/2021, the head file being HCCC No. 142 of 2015 and further for ease of reference, the parties shall henceforth be referred to as follows: -

a)  Nancy Wanja Gatabaki                        -        Plaintiff

b)  Jacaranda Holdings Property Ltd       -        1st Defendant

c)  Suraya Property Group Limited          -        2nd Defendant

d)  George Njoroge Kihanya                      -        1st Interested Party

e)  Dr. Frank Njoroge                                -        2nd Interested Party

f)   Joseph Kanuri                                      -        3rd Interested Party

g)  Johnson Kinyanjui                               -        4th Interested Party

h)  Patrick Macharia Kooro                      -        5th Interested Party

i)   Vincent Kuria Muchiru                       -        6th Interested Party

j)   Catherine Muthoni  Kuria                   -        7th Interested Party

k)  Rahab Mwihaki                                    -        8th Interested Party

l)   Dr. Samuel Mundati Gatabaki           -        9th Interested Party

m) Lucy Gathoni Githire                           -        10th Interested Party

n)  Hon. Njehu Gatabaki                           -        11th Interested Party

o)  Dorothy Wanjiku Guchu                     -        12th Interested Party

It is so ordered.

DATED AND DELIVERED AT NAIROBI THIS 11TH DAY OF MAY, 2021.

A. MABEYA, FCI Arb

JUDGE