Pius Ngugi & 2 others v Hellen Fear & 4 others [2013] KEHC 6599 (KLR)

Facts

Pius Ngugi and Angeline Ngugi brought a chamber summons seeking to enjoin the National Land Commission as the 3rd Defendant in place of the Commissioner of Lands, and to compel the 3rd Defendant to produce correspondence and deed files for land reference number 1870/240/1.

Issues

1. Whether the National Land Commission was improperly left out as a 3rd Defendant
2. Whether the 3rd Defendant should be compelled to produce correspondence and deed files for land reference number 1870/240/1

Reasoning

The court finds that the applicant has not satisfied the court that the National Land Commission was improperly left out or is necessary for determination of the dispute. The court also finds that compelling the 3rd Defendant to produce the documents in court will be tantamount to this court engaging in investigative duties.

Outcome

The chamber summons dated 26th July, 2013 is dismissed.

Authorities cited