1.Before me is a notice of motion application dated 15.5.2023 in which the defendnat prays that EmbakasI Ranching Co. Ltd be joined in these proceedings as an Interested Party. He avers that the proposed Interested Party is the original owner of parcel Nairobi /Block 105/7986 and is the entity which is better placed to assist this court determine as to whether plot No. F-275B claimed by the defendant is the same plot as P2255 B claimed by the plaintiff.
2.The defendant avers that as per the pleadings, both the plaintiff and defendant claim to have purchased their plots form Embakasi Ranching.
3.The plaintiff has opposed the suit via a replying affidavit dated 25.5.2023. She avers that Embakasi Ranching Co are the ones who transferred the suit property to her of which she was issued with a title. Thus Embakasi Ranching Co. are functus official in the matter.
5.The Embakasi Ranching Co. certainly has no stake in the suit property. However, the protagonists trace their rights and interests in the suit property from the proposed Interested Party. In the circumstances, I find that the said proposed interested party is a necessary party to assist the court in unravelling the dispute at hand.
6.The application dated 15.5.2023 is hence allowed but cost there of shall abide the outcome of the suit. The parties are directed to amend their pleadings accordingly to include the new party.