Helene Margaretha Van Der Roest & 2 others v James Mwangi Gacheru & 2 others [2018] KEELC 3285 (KLR)
- Court
- Environment & Land Court
- Case number
- 3285
- Citation
- [2018] KEELC 3285 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for leave to join an interested party and to file and serve a defenceCoramL. GACHERU
Holding
The court allows the application to join the interested party as a defendant and grants leave to file and serve a defence.
Facts
Star for Jesus Ministries International, an interested party, entered into an Agreement for Sale with the defendants for the sale of two properties. The plaintiffs are not parties to the sale agreement and claim ownership of the properties.
Issues
- Whether the interested party is a necessary party to the suit
- Whether the plaintiffs have a colour of right to claim the properties
Reasoning
The court finds the interested party necessary due to its stake in the proceedings and the need to settle all questions involved in the suit.
Outcome
The application is granted.
Orders
- The plaintiffs are directed to amend their pleadings to reflect the interested party as a defendant within 14 days.
- The interested party is granted leave to file and serve a defence within 14 days after service of the pleadings.
- The parties are directed to fix the matter for hearing expeditiously.
Remedies
- Joinder of the interested party as a defendant
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (2)
- Football Kenya Federation v Kenya Premier League & Another (2011) eKLR
- Central Kenya Ltd v Trust Bank & 4 Others CA No.222 of 1998
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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