Mutuku Maithya & 3 others v Ngila Maithya 4 others & another [2013] KEHC 2049 (KLR)

Citation: Mutuku Maithya & 3 others v Ngila Maithya 4 others & another [2013] KEHC 2049 (KLR)
Media Neutral Citation: [2013] KEHC 2049 (KLR)
Court: High Court
Court station: High Court at Machakos
Outcome: Allowed
Case number: Civil Case 247 of 2012
Alternative citations: Mutuku Maithya & 3 others v Ngila Maithya 4 others & another [2013] eKLR
Judges: LN Mutende
Judgment date: 26 September 2013
Language: English
Type: Judgment
Original source file: Download DOCX (24.0 KB)

[No. 97/2013

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT MACHAKOS

CIVIL CASE NO. 247 OF 2012

MUTUKU MAITHYA………………………………………………….1^ST PLAINTIFF

MUTISYA MAITHYA…………………………….......................2^ND PLAINTIFF

MUTUA MAITHYA…………………………………………………….3^RD PLAINTIFF

MUSYOKA MAITHYA ……………………………………………….4^TH PLAINTIFF

VERSUS

NGILA MAITHYA………………………………………............1^ST RESPONDENT

MUINDI MAITHYA ……………………………………………...2^ND RESPONDENT

MUTISO MAITHYA…..................................................3^RD RESPONDENT

THE DISTRICT ADJUDICATION/SETTLEMENT OFFICER

MACHAKOS DISTRICT……………………..…..……………4^TH RESPONDENT

ATTORNEY GENERAL……………………………………….. .5^TH RESPONDENT

AND

KAMENE MUTISO………………………………………1^ST INTERESTED PARTY

KANINI MUINDI……………………………………….2^ND INTERESTED PARTY

SUSAN NGILA …………………………………………3^RD INTERESTED PARTY

RULING

In Chamber Summons dated 22^nd August, 2012, Applicants herein seek to be enjoined as interested parties in the suit. The application is premised on grounds that the proposed interested parties have interest in the subject matter, the suit plot No. 59 Iveti Adjudication section as owners by transmission from their husbands; the decision of the court will adversely affect them if they are not given a hearing.
The supporting affidavit to the application is deponed by Kamene Mutiso having been authorised by her co-applicants where she reiterates the fact that they are in occupation of Plot No. 59 which is the subject matter herein.
The application is not opposed.
It has been established that the applicants herein have interest in the subject matter herein. In order for this court to conclusively adjudicate on the matter it will be just for the proposed interested parties to be enjoined.
Accordingly, I grant leave to the applicants to be enjoined to this suit as interested parties.
Costs of the application shall be in the cause.

DATED, SIGNED and DELIVERED at MACHAKOS this 26^TH day of SEPTEMBER 2013.

L.N. MUTENDE

JUDGE

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