[2025] KEELC 4599 (KLR)
The court found that the intended defendant, Kilifi Hotels Limited, had demonstrated a sufficient proprietary interest in the suit property, which was directly affected by the consent order entered on 16th February 2023. In the interest of justice and to ensure all parties with a legitimate stake are heard, the...
Source-derived case information.
- Citation
- [2025] KEELC 4599 (KLR)
- Parties
- Plaintiff: Nimo Ahmed Abdi; Plaintiff: Abdirahman Muhumed Abdi; Defendant: Isaac Juma Obila; Interested Party: Ainushams Hospitality Group Ltd; Defendant: Kilifi Hotels Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case E003 of 2023
- Procedural Posture
- Environment and Land Case / Ruling on Joinder and Setting Aside Consent Order
- Outcome
- Application allowed in part; consent order set aside; intended defendant joined; interim orders maintained.
- Judges
- EK Makori
- Legal Topics
- Joinder of Parties, Setting Aside Consent Orders, Proprietary Rights, Interim Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nimo Ahmed Abdi
Plaintiff
Abdirahman Muhumed Abdi
Plaintiff
Isaac Juma Obila
Defendant
Ainushams Hospitality Group Ltd
Interested Party
Kilifi Hotels Limited
Defendant
Procedural Posture
Environment and Land Case / Ruling on Joinder and Setting Aside Consent Order
Legal Issues
- 1 Whether the intended defendant should be joined to the proceedings to protect its proprietary interests.
- 2 Whether the consent order entered on 16th February 2023 should be set aside.
- 3 Whether interim orders restraining dealings with the suit property should persist.
Ratio Decidendi
The court found that the intended defendant, Kilifi Hotels Limited, had demonstrated a sufficient proprietary interest in the suit property, which was directly affected by the consent order entered on 16th February 2023. In the interest of justice and to ensure all parties with a legitimate stake are heard, the court allowed the joinder of Kilifi Hotels Limited as the 2nd Defendant. The consent order was set aside ex debito justiciae to allow the matter to be determined on its merits, and interim orders restraining dealings with the suit property were maintained pending full hearing and determination.
Court Disposition
Application allowed in part; consent order set aside; intended defendant joined; interim orders maintained.
Orders
- The consent order entered on 16th February 2023 is set aside ex debito justiciae.
- Leave is granted to Kilifi Hotels Limited to be joined as 2nd Defendant.
Full Case Text
Judgment text and source record
32 paragraphs
Abdi & another v Obila; Ainushams Hospitality Group Ltd (Interested Party); Kilifi Hotels Limited (Intended Defendant) (Environment and Land Case E003 of 2023) [2025] KEELC 4599 (KLR) (2 April 2025) (Ruling)
Neutral citation: [2025] KEELC 4599 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Environment and Land Case E003 of 2023
EK Makori, J
April 2, 2025
Between
Nimo Ahmed Abdi
1st Plaintiff
Abdirahman Muhumed Abdi
2nd Plaintiff
and
Isaac Juma Obila
Defendant
and
Ainushams Hospitality Group Ltd
Interested Party
and
Kilifi Hotels Limited
Intended Defendant
Ruling
1. The Notice of Motion dated 5th March 2023 was reckoned by this Court under Certificate of Urgency on 7/3/2025. It was ordered to be served for interpartes hearing on 13/3/2025. :
2. The court gave interim measures to secure the substration of the suit and redirected further service.
3. It came for inter partes hearing today. The Respondents albeit served have not responded yet again.
4. I reckon there is a consent which is being discharged by the Intended 3rd Defendant/Applicant who avers that the property in issue the subject of the impugned consent affects his proprietary rights and that it is the holder of the title No. 10173 been transferred to any another party whatsoever.
5. Since the consent order is contested, it will be in the interest of justice that the intended 2nd Defendant/Applicant be joined in this proceedings, the consent set aside and parties square it out on merit.
6. Consequently the application dated 5th March 2025 is hereby allowed to the extent that;i.The consent order entered on 16th February 2023 be and is hereby set aside ex debito justiciae.ii.That the leave be and is hereby granted to the applicant to be joined in these proceedings as 2nd Defendant to defend/protect the matter on merit.iii.The orders issued on 13th March 2025 to persist to the extent that there shall be no dealings to be registered concerning suit property described as LR No. 28432 Amalgamation LR No 10173 and LR 10174 and that the consent dated and entered on 16th February 2023 as endorsed on 17th February 2023 to be of no effect until this matter is heard and determined on merit.
7. The now 2nd Defendant to file and serve the Interested Defendant, witness statements and bundle of documents within 14 days hereof with corresponding leave to the other parties to respond within 14 days of service.
8. Pre trials on 1th May 2025.
9. Costs in the cause.
DATED, SIGNED, AND DELIVERED AT MALINDI VIRTUALLY ON THIS 2ND DAY OF APRIL 2025. E. K. MAKORIJUDGEIn the Presence of: