James Rwenyo Nyamache v Joseph Birundu Mogendi & 3 others [2017] KEELC 2307 (KLR)
- Court
- Environment & Land Court
- Case number
- 2307
- Citation
- [2017] KEELC 2307 (KLR)
- Decided
- 21 July 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPosturePlaintiff initiated suit against defendants, seeking to join intended interested parties as parties to the suit.CoramJ. M. Mutungi
Holding
Plaintiff's application to join intended interested parties is dismissed. Defendants' preliminary objection to disqualify counsel is also dismissed.
Facts
Plaintiff initiated suit against 1st and 2nd defendants on August 17, 2016. Intended interested parties sought to join the suit on November 17, 2016. Defendants opposed the joinder, alleging the application was incompetent and the intended parties had no interest in the suit.
Issues
- Joinder of intended interested parties as parties to the suit
- Disqualification of counsel representing defendants
Reasoning
The court finds the application to join intended interested parties incompetent and the preliminary objection to disqualify counsel not a pure point of law.
Outcome
Plaintiff's application to join intended interested parties is dismissed. Defendants' preliminary objection to disqualify counsel is dismissed.
Orders
- Plaintiff's application to join intended interested parties is dismissed.
- Defendants' preliminary objection to disqualify counsel is dismissed.
Authorities cited
Cases cited (4)
- Kisya Investments Ltd & Another –vs- Kenya Finance Corporation Ltd & Others Nairobi HCC No. 3504 of 1993 [unreported]
- Mukisa Biscuit Manufacturing Co. Ltd –vs- West End Distributors Ltd [1969] E.A 696
- Samuel Waweru –vs- Geoffrey Muhoro Mwangi [2014] eKLR
- National Bank of Kenya Ltd –vs- Peter Kipkoech Korat & Another [2005] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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