Peter Maina Kingori & Another v City Council of Nairobi [2006] KEHC 2630 (KLR)

Facts

The plaintiffs filed a suit against the defendant seeking damages and an injunction to return iron sheets and poles seized from the suit premises. The defendant is the Nairobi City Council. The plaintiffs also sought costs of the suit. The plaintiffs opposed the application to join a second defendant, who is the registered owner of the suit land.

Issues

1. Whether the plaintiffs can be compelled to sue the second defendant
2. Whether the second defendant's presence is necessary to enable the court to adjudicate upon and determine all real issues raised in the matter

Reasoning

The judge agreed with the plaintiffs that one cannot be compelled to sue a party which he does not intend to sue. The proposed second defendant would probably apply to be joined as an Interested Party if the outcome of the present suit will affect her interest in the suit property.

Outcome

Appeal dismissed