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Robert Githua Thuku v. William Ole Nabala

(2018) JELR 94357 (CA)

Court of Appeal  •  Civil Appeal 113 of 2016  •  15 Nov 2018  •  Kenya

Coram
Martha Karambu Koome, Wanjiru Karanja, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

[1] By an application dated 18th May, 2015, the appellant alongside three others, sought inter alia, to be joined as co - defendants in Malindi Environment and Land Court Case No. 64 of 2007 (Formerly Mombasa HCCC No. 11 of 2001). As at the time the application was filed, judgment in the matter had already been entered in favour of the 1st respondent (the then plaintiff).

[2] The suit in question was a dispute between the 1st respondent and some third parties, over the proprietorship of land described as plot No. 592 section III MN (the suit land). According to the appellant, and unknown to the 1st respondent, the third parties (defendants) had caused the subdivision of the suit land and had proceeded to dispose of the subdivided parcels. One such subdivision had been sold to the appellant by one Grace Nyokabi Githome (the 6th respondent). The appellant therefore felt that it was imperative that he be joined in the proceedings albeit post judgment; because the resu…

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