Wilson Waithaka Gitau v Kenya Winston Company Limited [2014] KEHC 2530 (KLR)
- Court
- High Court of Kenya
- Case number
- 2530
- Citation
- [2014] KEHC 2530 (KLR)
- Decided
- 7 October 2014
The court finds that the Applicant, Joseph Kimata Wachira, is a necessary party in the suit as he is the purchaser for value of the suit property and has brought evidence of a sale agreement and a caveat.
Facts
The Plaintiff, Wilson Waithaka Gitau, claims to have purchased the suit property from the Defendant, Kenya Winston Company Limited, through a sale agreement dated 26th May 2007. The Plaintiff alleges that he has paid a deposit and is entitled to develop the property. However, the Defendant prevented him from entering the property and the Plaintiff is seeking to be joined as an interested party in the suit.
Issues
- Whether the Applicant should be joined as an interested party to the suit
- Whether the Plaintiff has the right to develop the suit property
Reasoning
The court considers Order 1 Rule 10 of the Civil Procedure Rules, which gives the court discretion to add parties necessary for the court to adjudicate upon all questions involved in the suit. The court finds that the Applicant is a necessary party as he has purchased the property and has evidence of a sale agreement.
Outcome
The court orders that the Applicant, Joseph Kimata Wachira, be joined as an interested party in the suit.
Orders
- Order to join the Applicant as an interested party in the suit
Authorities cited
Legislation (1)
- Order 1 Rule 10 of the Civil Procedure Rules
Cases cited (1)
- Werrot and Company Ltd and others v Andrew Douglas
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