JUDGMENT OF THE COURT
[1] On 29th July, 2020, this Court ordered Civil Appeals Nos. 65 of 2017 and No. 90 of 2017 be consolidated and heard together. In both appeals, Badrudin Hussein Haji Issa is the appellant. The two appeals are somehow related as they revolve around issues to do with the estate of the late Hussein Haji Issa (the deceased) who died on 4th May, 2004 in Narok. The parties are also beneficiaries of the deceased’s estate, they are family members, save for Civil Appeal No 90 of 2017 where the 1st respondent was a tenant in one of the deceased’s properties.
[2] In Civil Appeal No. 90 of 2017 the appellant sought leave to be added as a party in Narok Civil Case No. 1 of 2016 which was formerly Naivasha HCCC No. 10 of 2015 and Nakuru HCCC No. 204 of 2009. The suit touched on a dispute involving Toyo Moyo Co. Ltd (1st respondent) who were the plaintiff and tenants in the deceased’s property. The dispute was over the attachment of goods in Plot No. 10 Narok Town (registered in…