COPY REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA ELC. NO. 509 OF 2011 KALLISTE LIMITED ..................................................................... PLAINTIFF -VERSUSBAKARI BENDERA & 77 OTHERS .................................. DEFENDANTS RULING The application subject matter of this ruling is for joinder of parties under Order 1 rule 10. The application is supported by the Affidavit of Mr. Mwamvula Moti. The applicants state that since this is a suit for vacant possession they will be affected by the decree giving vacant possession. Since they are in occupation of the land. They would therefore like to be joined as parties to the suit. They argue that the court has wide powers under Order 1 rule 10 (2) of the Civil Procedure Rules. The plaintiff has filed grounds of opposition claiming that the intended defendants only want to delay the suit and that the application is frivolous. This being a land matter and the intended applicants having claimed that they are in possession of the suit land, I feel their claim for whatever it is worth ought to be heard on merits. This application is allowed with no order as to costs. Dated and delivered in open court at Mombasa this 28th day of May, 2014. S. MUKUNYA JUDGE 28.5.2014 In the presence of: Mrs. Umara Advocate for the plaintiff Mr. Mutiso Advocate and Mrs. Njengo Advocate for the defendants
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