Simba Paul Erick has come to this court with an application dated 17th February 2025 seeking orders that and that the proposed Defendant/Respondent herein, Simba Paul Erick, be granted leave to be enjoined as a Defendant/Respondent in this matter or in the alternative as a defendant in place of the 1st, 2nd ,3rd and 15th Defendants and that the Plaintiff/Applicant herein be ordered to amend his Originating Summons to include the Proposed Defendant, Respondent as a Defendant and the Respondent herein be granted leave to file his Replying Affidavit, list of witnesses and list of documents. Any further orders that the Honorable court will deem fit owing to the nature and circumstances of this case.Costs of this application be provided.
The application is made on grounds that the proposed Defendant/Respondent/Applicant herein is the registered owner of the parcel number Nakuru Municipality Block 29/819, 1172 and 1178 (Ronda) which forms part of the subject matters in this suit. Having purchased the suit properties herein from the 1st 2nd 3rd and 15th Defendants/Respondents, the said parties no longer have any interest in the suit parcels hence it is only just the proposed Defendant/Respondent substitutes them as a Defendant.
The Applicant herein has moved the Court during the pendency of the proceedings and the suit herein is still alive. Being a registered owner of the parcels of land number Nakuru Municipality Block 29/819, 1172 and 1178 (Ronda), the Applicant will be deprived of an opportunity to be heard on his claim to the ownership of the suit parcels and that will of course be unconstitutional and against the rules of natural justice. The Applicant stands to be prejudiced if his interests are not factored in during the proceedings especially because, he is the one in possession of the suit parcels and stands to be evicted therefrom should he not be enjoined as a party in this case.
Furthermore, some of the previous registered owners of the suit parcels are deceased hence the need to substitute them with the Applicant who has a direct interest in the suit parcels. The applicant states that the Plaintiff/Respondent did not conduct due diligence before instituting this matter otherwise, he would have found that the proposed Defendant/Respondent-was the beneficial owner and/or registered owner hence would have enjoined him in the first instance.
This being an originating summons, the applicant believes that it is for the Plaintiff/Applicant to amend his pleadings so that the other parties can file a Replying Affidavit. The matter is coming up for hearing on 10th March, 2025 and it is in the interest of justice and fairness and expediency that this application be heard and determined first. The Applicant is willing and ready to join the proceedings and file the replying affidavit, list of documents and witness statements within the timelines provided by the honorable court. It is in the interest of justice and fairness that the orders sought are granted.
The application is supported by the affidavit of Simba Paul Erick that reiterates the grounds of the application.
I have considered the application and affidavits on record and do find that the application is merited as the applicant’s parcels of land are amongst the suit parcels and therefore it will be unfair to make a determination without hearing him. The application is allowed. The originating summons to be amended within 5 days to reflect the applicant as a defendant. The applicant to file a replying affidavit to the originating summons within 5 days. Hearing on 10th March 2025. Costs in the cause.
The application is made on grounds that the proposed Defendant/Respondent/Applicant herein is the registered owner of the parcel number Nakuru Municipality Block 29/819, 1172 and 1178 (Ronda) which forms part of the subject matters in this suit. Having purchased the suit properties herein from the 1st 2nd 3rd and 15th Defendants/Respondents, the said parties no longer have any interest in the suit parcels hence it is only just the proposed Defendant/Respondent substitutes them as a Defendant.
The Applicant herein has moved the Court during the pendency of the proceedings and the suit herein is still alive. Being a registered owner of the parcels of land number Nakuru Municipality Block 29/819, 1172 and 1178 (Ronda), the Applicant will be deprived of an opportunity to be heard on his claim to the ownership of the suit parcels and that will of course be unconstitutional and against the rules of natural justice. The Applicant stands to be prejudiced if his interests are not factored in during the proceedings especially because, he is the one in possession of the suit parcels and stands to be evicted therefrom should he not be enjoined as a party in this case.
Furthermore, some of the previous registered owners of the suit parcels are deceased hence the need to substitute them with the Applicant who has a direct interest in the suit parcels. The applicant states that the Plaintiff/Respondent did not conduct due diligence before instituting this matter otherwise, he would have found that the proposed Defendant/Respondent-was the beneficial owner and/or registered owner hence would have enjoined him in the first instance.
This being an originating summons, the applicant believes that it is for the Plaintiff/Applicant to amend his pleadings so that the other parties can file a Replying Affidavit. The matter is coming up for hearing on 10th March, 2025 and it is in the interest of justice and fairness and expediency that this application be heard and determined first. The Applicant is willing and ready to join the proceedings and file the replying affidavit, list of documents and witness statements within the timelines provided by the honorable court. It is in the interest of justice and fairness that the orders sought are granted.
The application is supported by the affidavit of Simba Paul Erick that reiterates the grounds of the application.
I have considered the application and affidavits on record and do find that the application is merited as the applicant’s parcels of land are amongst the suit parcels and therefore it will be unfair to make a determination without hearing him. The application is allowed. The originating summons to be amended within 5 days to reflect the applicant as a defendant. The applicant to file a replying affidavit to the originating summons within 5 days. Hearing on 10th March 2025. Costs in the cause.