Garissa Mattresses Limited v Margaret Walegwa Wamwandu [2018] KECA 756 (KLR)

Facts

The appellant obtained eviction warrants against the 7th respondent and others in a different suit, leading to the 7th respondent's eviction from the suit land. The 7th respondent sought to be joined as a defendant in the pending suit due to her lack of notice and participation in the concluded suit.

Issues

1. Whether the 7th respondent had locus standi to seek joinder in the pending suit
2. Whether the trial court erred in consolidating the application for stay of execution with that for joinder

Reasoning

The 7th respondent was entitled to be joined as a co-defendant due to her claim of being one of the uncompensated residents and her failure to be heard in the concluded suit. The consolidation of the applications did not cause prejudice.

Outcome

Appeal dismissed