Bahola Mkalindi Rhigho & 9 others v Michael Seth Kaseme & 4 others [2021] KEELC 3087 (KLR)
- Court
- Environment & Land Court
- Case number
- 3087
- Citation
- [2021] KEELC 3087 (KLR)
- Decided
- 28 May 2021
The Court orders the 66 Applicants to be joined as parties to the suit and enjoins them to be formally served with all pleadings and given 21 days to file necessary replies.
Facts
The Applicants are plot owners in Ngombeni within Hola Town. They claim they were unaware of the consolidated suit until December 2020 when the decree-holder served them with notices requiring them to vacate their land. The decree-holders deny the Applicants' claims and assert that some Applicants have not been served with notices.
Issues
- Whether the Applicants should be joined as parties to the suit
- Whether the service of notices to vacate the land was proper
Reasoning
The Court considers the application under Order 1 Rule 10 of the Civil Procedure Rules and Sarkar's Code of Civil Procedure, finding that the Applicants should be joined as parties to ensure a complete adjudication.
Outcome
The application is granted.
Orders
- The 66 Applicants are ordered to be joined as parties to the suit
- The Applicants are enjoined to be formally served with all pleadings and given 21 days to file necessary replies
Remedies
- The Applicants are formally served with all pleadings and given 21 days to file necessary replies
Authorities cited
Legislation (2)
- Order 1 Rule 10 of the Civil Procedure Rules
- Sarkar's Code of Civil Procedure
Cases cited (1)
- Central Kenya Ltd –vs- Trust Bank & 4 Others CA No. 222 of 1998
Loading judgment…