Repubiic of Kenya v Julius Mugambi Gacece & 1 other

REPUBIIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU CIVIL SUIT NO 107 OF 2012 GILBERT JOSEPH KBUNJA...................................................PLAINTIFF VERSUS JULIUS MUGAMBI GACECE...............................................DEFENDANT RULING 1. This application, brought to Court by way of Chamber Summons, is dated 24th July, 2012 and seeks orders: a. M'RWEMBE M'MUNGANIA be added as a defendant herein and be allowed to put in his pleadings. b. The costs of this application be provided for:2. The application is supported by the affidavit of M'RWEMBE M'MUNGANIA, the applicant, and has the following grounds:i. The Defendant is the son of the applicant M'RWEMBE M'MUNGANIA and the defendant is living on the suit land on his instructions or his proxy. ii. The suit land is claimed by both the plaintiff and the said M'RWEMBE M'MUNGANIA and therefore his presence is necessary for the real matter in dispute to be determined. iii. To do justice to the parties MR. M'RWEMBE M'MUNGANIA'S presence and evidence is necessary. 3. The parties filed Written Submissions . The applicant urges the Court to allow the application since by doing so, the Court will be facilitating the just, expeditious, proportionate, judicious and affordable resolution of this suit. The applicant says that he is the legal proprietor of the suit land and that he has been in continuous occupation. 4. The plaintiff opposes the application. In his Replying Affidavit Sworn on 22nd October, 2012, the Plaintiff avers that the applicant has never been the father of the defendant as alleged in this application. Inter alia, it is alleged that the applicant and the defendant were involved in another suit over the same suitland and that the Kajuki/Kamutiria Arbitration Board gave a verdict in favour of the Plaintiff.

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