SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Peter Ambrose Ng’ang’a v Gladys Nyamuhu Ndegwa & 2 others [2015] KEELC 832 (KLR)

[2015] KEELC 832 (KLR) Environment & Land Court
Read PDF
Court
Environment & Land Court
Case number
832
Citation
[2015] KEELC 832 (KLR)
Decided
9 October 2015
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeCivilPostureApplication for the Court's consideration is the Chamber Summons dated 21st January 2015 brought under Sections 1A, 1B, 3 and 3A of the Civil Procedure Act, Order 1 Rules 3, 10(2), 4 and 25 of the Civil Procedure Rules, Section 13(7) & (9) of the Environment & Land Court Act seeking for orders that Geofrey Kamau Mbugua be enjoined as a 3rd Defendant in this suit.CoramMARY M. GITUMBI
The Court enjoins Geofrey Kamau Mbugua as a 3rd Defendant in this suit.

Facts

Peter Ambrose Ng’ang’a, the plaintiff, seeks to have Geofrey Kamau Mbugua enjoined in this suit as he is a central player in his claim. The suit property had been invaded and someone was putting up structures on it, and when Ng’ang’a sought to find out who the invader was, he found that it was Mbugua. Mbugua claimed to have purchased the suit property from the 1st Defendant but declined to divulge any further information.

Issues

  • Whether to enjoin Geofrey Kamau Mbugua as a 3rd Defendant in this suit.
  • Whether the joinder of Mbugua as a party is proper and just.

Reasoning

The Court considered the Application and found that Mbugua is a central player in the plaintiff's claim and that the suit property had been invaded. The Court also found that Mbugua's claim to have purchased the property from the 1st Defendant is not sufficient to justify his exclusion from the suit.

Outcome

The Court enjoins Geofrey Kamau Mbugua as a 3rd Defendant in this suit.

Orders

  • Enjoining Geofrey Kamau Mbugua as a 3rd Defendant in this suit.

Authorities cited

Legislation (3)
  • Civil Procedure Act
  • Civil Procedure Rules
  • Environment & Land Court Act
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Full judgment 0.1 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case