Lydia Kaguna Japeth v Homeland Express Limited & 4 others others [2022] KEELC 653 (KLR)
- Court
- Environment & Land Court
- Case number
- 653
- Citation
- [2022] KEELC 653 (KLR)
- Decided
- 7 March 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureNotice of Motion for amendment of Plaint and joinder of partiesCoramHON. JUSTICE L.L. NAIKUNI (JUDGE)
Holding
The Plaintiff/Applicant is granted leave to file and serve an Amended Plaint afresh upon all parties, and the 6th and 7th Defendants/Respondents are joined into the suit.
Facts
Plaintiff seeks to amend her Amended Plaint to include additional parties who were not initially enjoined in the matter, alleging they played roles in the registration of two parallel titles in respect to the suit property.
Issues
- Whether the Notice of Motion application meets the threshold of joinder of parties
- Whether the orders sought for amendment of Plaint should be granted
- Who will bear the Costs of the Notice of Motion application
Reasoning
The court applied the legal test for joinder of parties, considering the principles of natural justice and the necessity of the proposed joinder for the determination of the real matter in dispute.
Outcome
The Plaintiff/Applicant is granted leave to amend her Plaint and the 6th and 7th Defendants/Respondents are joined into the suit.
Orders
- Mr. Katana Vuto Nyawa and Mr. Mwero Mwandeyo Vuto are joined as the 6th and 7th Defendants/Respondents
- The Plaintiff/Applicant is granted leave to file and serve an Amended Plaint afresh upon all parties
- The 1st and 7th Defendants are granted 14 days leave to fully adhere with the case management requirements and file amended defence
- The Plaintiff is granted 14 days to file Supplementary List of documents and witnesses
- The matter is fixed for a Pre-Trial conference session on 26th April, 2022 and for fixing of a hearing date thereof
Remedies
- Leave to file and serve an Amended Plaint afresh upon all parties
- Joining of the 6th and 7th Defendants/Respondents
- 14 days leave to fully adhere with the case management requirements and file amended defence for the 1st and 7th Defendants
- 14 days to file Supplementary List of documents and witnesses for the Plaintiff
Authorities cited
Legislation (2)
- Civil Procedure Act Cap 21
- Civil Procedure Rules 2010
Cases cited (2)
- HCCC Civil Suit No. 115 of 2019 - John Harun Mwau - Versus - Simeone Haysom & 2 Others, AG (2021) eKLR
- Lucy Nangari Ngigi & 128 Others - Versus- National Bank of Kenya Limited & Another (2015) 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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