Samuel Mbugua Mwangi v Buffet Park Limited; Jerri International Limited (Interested Party) [2019] KEELC 1193 (KLR)
- Court
- Environment & Land Court
- Case number
- 1193
- Citation
- [2019] KEELC 1193 (KLR)
- Decided
- 16 October 2019
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeEviction ProceedingsPostureDefendant's Application for EvictionCoramGithinji
Holding
The application for joinder of the plaintiff is allowed
Facts
The plaintiff, Samuel Mbugua Mwangi, was evicted from his business premises by armed goons despite a reference filed at the Business Premises Rent Tribunal.
Issues
- Whether the plaintiff is a necessary party in the current proceedings
- Whether there was a valid eviction order issued
- Whether the plaintiff should be protected in his occupation of the premises
Reasoning
The court found that the plaintiff is a necessary party and should be protected in his occupation of the premises.
Outcome
Affirmative
Orders
- Application for joinder of the plaintiff allowed
Authorities cited
Legislation (3)
- Environment and Land Court Act
- Civil Procedure Rules 2010
- Land Act
Cases cited (2)
- China Young Engineering Co vs L. G. Mwacharo & Another Nairobi HC Civil Suit No. 81 of 2011
- Francis Kariuki Muruatetu & Another vs Republic & Others Petition NO. 15 of 2015 as consolidated with No. 16 of 2015
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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