Amos Mwangi Karanja v Amos Weru Murigu & 4 Others [2016] KEHC 8152 (KLR)

Facts

The Applicant, Amos Mwangi Karanja, claims to be the son of the late Karanja Gaturu and a beneficiary of the suit property. The proposed 5th Respondent, Joseph Nganga Njuguna, claims to be the registered owner of the suit property and has been using it for dairy farming since August 2009.

Issues

1. Whether to enjoin the proposed 5th Respondent as a party to the suit
2. Whether the proposed 5th Respondent's presence is necessary for the court to adjudicate upon and settle all questions involved in the suit

Reasoning

The court shall have regard to the necessity of a party in the suit for the purpose of 'effectually and completely to adjudicate upon and settle all questions involved in the suit'. The proposed 5th Respondent's presence is not necessary as the suit property is the subject matter of the suit and the Applicant claims a portion thereof as a beneficiary of the estate of his late father.

Outcome

The Application is dismissed.

Authorities cited