Belgo Holdings Limited v Kenya Urban Roads Authority & another [2015] KEHC 7184 (KLR)
- Court
- High Court of Kenya
- Case number
- 7184
- Citation
- [2015] KEHC 7184 (KLR)
- Decided
- 20 February 2015
The presence of the Applicants is not necessary for the court to adjudicate upon and settle all questions involved in the suit. The Applicants have no demonstrable interest in the suit properties and are therefore not necessary parties.
Facts
The Plaintiff filed a suit against the 1st and 2nd Defendants seeking a permanent injunction and a declaration that they are not directors of the Plaintiff. The 1st Applicant, Robert Kotch Otachi, filed an Application for leave to be enjoined into the suit as 2nd and 3rd Plaintiffs or for the court to enjoin them as 1st and 2nd Interested Parties.
Issues
- Whether the presence of the Applicants is necessary for the court to adjudicate upon and settle all questions involved in the suit.
- Whether the Applicants are necessary parties to the suit as directors of the Plaintiff.
Reasoning
The court uses the criteria of whether a person's presence is necessary for the court to adjudicate upon and settle all questions involved in the suit. The Applicants are not necessary parties as they have no demonstrable interest in the suit properties.
Outcome
Application dismissed
Orders
- Costs shall be in the cause.
Authorities cited
Cases cited (2)
- Order 1 rule 10(2) of the Civil Procedure Rules, 2010
- Trusted Society of Human Rights Alliance versus Mumo Matemo & 5 Others (2014) eKLR
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