James Mwathi Wanjiku (Suing as legal rep of the Estate of Mwathi Kaguora) v Hanif Construction Co. Limited & Others

5TH defendant under Order 1 Rule 10 CPR. The application is supported by an affidavit of the proposed party. The grounds are that the 2nd defendant is the intended party’s biological brother. 2. By written submission dated 24.11.2025, the applicant submits that, at paragraph 6 of the amended plaint dated 26.6.2025, the suit property is owned in common by the estate of the plaintiff's deceased father with the intended party’s late mother, whose estate the 2 nd defendant is sued as administrator. 3. The applicant submits that she is therefore a beneficiary of the estate of her late mother as per Annexure Number 4, which are the pleadings in the succession cause at Githunguri Law Courts. 4. The applicant submits that the core of her claim is that the suit property is set out in Annexure (5), being the intended defence and counterclaim and notice of claim against codefendant. Reliance is placed on Kamau Vs Kamau & Another; Kihungi ( intended interested party) ELC E114 of 2024 ( 2024 KEELC ) 215 ( KLR), Black Laws ELC E397 OF 2022 Page 2 of 8

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Dictionary 9th Edition page 1232 Rule 7of the Mutunga Rules, Francis Kariuki Muruatetu & Another Vs Republic & others ( 2016) EKLR, CCK VS Royal Media Services & others (2014) EKLR, Meme vs Republic (2004) 1 EA 124. 5. The application is opposed by the affidavit of the 2 nd defendant, Fredrick Mwathi Mbugua, sworn on 4.11.2025, as an attempt to relitigate already determined issues, an abuse of court process and as res judicata due to an earlier ruling of 27.1.2025 dismissing her joinder as an interested party. 6. The 2nd defendant states that there has been no change of Circumstances or subject matter for the applicant to reagitate the application founded on the same facts over the same parties. 7. The 2nd defendant terms the issue raised as succession matters falling outside the jurisdiction of this court. 8. The 2nd defendant states that the applicant has no capacity to sue or be sued or purport to protect any alleged interest on behalf of the estate of her deceased mother after the 2 nd ELC E397 OF 2022 Page 3 of 8

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defendant was duly appointed and confirmed as the sole administrator of the estate. 9. The 2nd defendant states that the alleged beneficial interest of the applicant can be ascertained or determined only in a succession court. 10. The 2nd defendant admits that the suit property is in his name in trust for all heirs and beneficiaries of the deceased, including the applicant, as per annexure ENM ( 6), making false the contents of paragraph 6 of the supporting affidavit by the applicant; otherwise, he has not sold, trespassed or disposed of the suit property to anyone, going by annexure marked ENM ( 2) 11. The 2nd defendant states that the applicant will suffer no known prejudice in law as a beneficiary of the estate since he, as the administrator, has capacity to safeguard her interest alongside other heirs and beneficiaries; otherwise, to allow her would open floodgates for applications by other beneficiaries to seek joinder. 12. The court record shows that by an application dated 22.10.2024, Esther Njoki Mbugua sought to join the suit as ELC E397 OF 2022 Page 4 of 8

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the 2nd interested party alongside his brother, who is the 1 st interested party. 13. The applicant relies on a supporting affidavit sworn on 22.10.2022, attaching a copy of the interested party, title, green card, caveat protest affidavit and a mediation agreement as annexures marked ENM 1-4 respectively. It was opposed by the 1st interested party through a replying affidavit dated 17.1.2025. In view of that affidavit, an order dated 27.1.2025 allowed the application to be withdrawn. 14. The 1st interested party was then allowed to file pleadings in the matter. The interested party also filed an application dated 9.10.2025 seeking to preserve the suit property, which was compromised on 18.11.2025 with issuance of restraining orders pending hearing and determination of the suit. 15. From the court records, the only party opposed to the application for joinder is the 1 st interested party from the interested parties’ index of trial bundle dated 19.6.2025; he has attached a confirmation of grant issued to him and a copy of the title official search. ELC E397 OF 2022 Page 5 of 8

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16. Order 1 Rule 10 CPR is the law governing joinder of parties. An interested party means one who has a recognisable stake and therefore a standing in a matter, as per Black’s Law Dictionary, 8th Edition, in Trusted Society of Human Rights Alliance vs Mumo Matema & Others ( 2015 EKLR and Muruatetu vs Republic & Others (2026) EKLR. 17. In Eliud Matindi vs National Assembly & Others, Petition Application No. E006 of 2025, the court cited Trusted Society. ( Supra) that an interested party is to be affected either way by a court’s decision, who feels that his interest will not be articulated unless she himself appears in the proceedings. 18. The court cited in Muruatetu vs Republic (supra) that joinder is not as of right but at the discretion of the court, based on the personal stake or interest, prejudice to be suffered for non-joinder and the nature of the relevance of the interested party’s case. 19. In Everton Coal Enterprises Limited vs Karanja & Others (2023) KESC 98 (KLR), the court said that a party will only be ELC E397 OF 2022 Page 6 of 8

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added in ongoing proceedings to enable the court to adjudicate fully upon and settle all the questions involved in particular proceedings before it. 20. In Bellaone Development Company Limited vs Vinayak Builders Limited & Another ( 2014) EKLR, joinder was declined for lack of locus standi. 21. In this suit, the estate of the deceased is ably represented by the 1st interested party. 22. The court finds no basis to join the 3rd defendant, who had initially also withdrawn his earlier applications to join as an interested party. I decline to do so. 23. The application is dismissed with no orders as to costs. DATED, SIGNED AND DELIVERED ON THIS 30 TH DAY OF SEPTEMBER AT MILIMANI. …………………….. HON. JUSTICE C.K NZILI JUDGE In the presence of ; 1……………… ELC E397 OF 2022 Page 7 of 8

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2…………….. Court assistant ; Julius ELC E397 OF 2022 Page 8 of 8

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