§668-2 - Necessary parties; unknown owners.
§668-2 Necessary parties; unknown owners.
Subject to the rules of court and section 668-8.5, plaintiff shall join as a
party every person having or claiming to have, as far as known to the
plaintiff, any legal or equitable right, title, or interest in the property
described in the complaint or any part thereof or any lien or other claim with
respect thereto. Such persons shall be named in the complaint as far as known
to the plaintiff.
All persons interested or who may claim any
interest in the premises who cannot be identified or whose names are unknown to
the plaintiff, shall be made parties as provided by the rules of court. [L
1923, c 178, §2; RL 1925, §2762; am L 1929, c 83, §1; RL 1935, §4741; RL 1945,
§12451; RL 1955, §337-2; HRS §668-2; am L 1972, c 90, §11(b); gen ch 1985]
Case Notes
Petition to partition equitable title allowed without joining
trustees who held legal title under trust for execution of mortgage, since
discharged. 10 H. 487. State not "person" having interest; no
waiver of sovereign immunity. 48 H. 92, 96, 395 P.2d 620.
Intervening minor. 30 H. 323.
Unborn heirs. 31 H. 517.
Cited: 35 H. 262, 292.