Mbogho & another v Kazungu

3. (e) That upon the promulgation of the 2010 Constitution, the Municipal Council of Mombasa was defunct and the County Government of Mombasa came into operation. (f) That the applicant through her advocate upon requesting for the documents in respect of the two plots was informed that there is a separate suit led by aNother party with respect to the same parcels of land but declined to disclose the particulars. (g) That County Government of Mombasa is in possession of the les and documents with the records of both plots No 11/30 and 11/31 Chaani inclusive of the correspondence of the parties but has declined to avail the same to the applicant. (h) That it is imperative to have the County Government of Mombasa enjoined in this suit for the ends of justice to be administered eciently. (i) That it is thus in the interest of justice that the County Government of Mombasa be enjoined so that all particulars and details in respect of the two plots be availed for just determination of this matter. (j) That it is in the interest of justice that the orders sought herein are granted as prayed. (k) That respondents will not suer any prejudice if this application is allowed as prayed. This court has considered the application and the supporting adavit. Order 1 rule 10 (2) of the Civil Procedure Rules, states: “ The court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the court to be just, order that the name of any party improperly joined, whether as plainti or defendant, be struck out, and that the name of any person who ought to have been joined, whether as plainti or defendant, or whose presence before the court may be necessary in order to enable the court eectually and completely to adjudicate upon and settle all questions involved in the suit, be added.” 4. The provisions of order 1 rule 10 (2) refer to a party being enjoined at any stage of the proceedings. The grounds of the application are that County Government of Mombasa is in possession of the les and documents with the records of both plots No 11/30 and 11/31 Chaani inclusive of the correspondence of the parties but has declined to avail the same to the applicant. That it is imperative to have the County Government of Mombasa enjoined in this suit for the ends of justice to be administered eciently. The application is not opposed. I nd that the application has merit and I grant the following orders; 1. That the County Government of Mombasa be enjoined herein as the defendants and/or interested party. 2. That the costs of this application be in the cause. It is so ordered. DELIVERED, DATED AND SIGNED AT MOMBASA THIS 26TH DAY OF OCTOBER 2022. N A MATHEKA JUDGE https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/13684/eng@2022-10-26 2

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