Prudenzio Nicholas Gaitara v Patrick Kariuki Muiruri & 2 others (? 1400 of 2013) [2017] KEELC 1755 (KLR) (Environment and Land) (26 July 2017) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1755
- Citation
- [2017] KEELC 1755 (KLR)
- Decided
- 26 July 2017
Summary at a glance
TypeApplication to join party and order to remove caveatPostureApplication dismissedCoramS. Okongo
The 3rd defendant's application is dismissed with no order as to costs.
Facts
The 3rd defendant seeks to join the Land Registrar, Central Registry Nairobi as a party to the suit and an order to remove a caveat lodged against the suit property's title.
Issues
- Whether the Land Registrar, Central Registry Nairobi is a necessary party to the suit.
- Whether the court can make orders against parties not before it.
Reasoning
The court finds that the Land Registrar is not a necessary party to the suit and that the issue of the caveat is not before the court for determination in this suit. The 3rd defendant is advised to institute separate proceedings against the Land Registrar for the removal of the caveat.
Outcome
Application dismissed
Authorities cited
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