Bertha Wanjiru Mweri & another v Samuel Njoroge Mwangi & 4 others [2018] KEELC 3943 (KLR)
- Court
- Environment & Land Court
- Case number
- 3943
- Citation
- [2018] KEELC 3943 (KLR)
- Decided
- 21 March 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureApplication for EnjoinmentCoramM.C. OUNDO, ENVIRONMENT & LAND – JUDGE
Holding
The applicant is enjoined as a party to the suit and the applicant Erick Rukwara Mweri is also enjoined as a second interested party.
Facts
The plaintiffs sued the defendants for a permanent injunction and an order for vacation of the suit lands. The interested party/applicant James Mukure Mweri filed an application for an injunction.
Issues
- Whether the applicant should be enjoined as a party to the suit.
- Whether the applicant's presence is necessary for the complete adjudication of all questions involved in the suit.
Reasoning
The court found that the applicant's presence is necessary for the complete adjudication of all questions involved in the suit and that it is in the interest of justice to allow the applicant to be a party to the suit.
Outcome
The applicant and Erick Rukwara Mweri are enjoined as interested parties in the suit.
Orders
- The parties to amend and exchange their pleadings within the next 30 days.
- Costs of the application are awarded to the 1st Interested Party/Applicant.
Remedies
- Enjoinment of the applicant and Erick Rukwara Mweri as interested parties in the suit.
Authorities cited
Legislation (3)
- Civil Procedure Act
- Constitution of Kenya 2010
- Civil Procedure Rules
Cases cited (2)
- Meme vs. Republic (2004) KLR 637
- Central Kenya Ltd vs. Trust Bank Ltd & 5 others (2000) 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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