[2019] KEELC 4996 (KLR)
The court found that the interested parties, being landowners in the Gakurungu adjudication area, are likely to be affected by the outcome of the petition. Since the petitioners did not oppose the application for joinder, and in line with the principles of fair hearing and representation, the court allowed the...
Source-derived case information.
- Citation
- [2019] KEELC 4996 (KLR)
- Parties
- Applicant: Barua Gituma & 6 Others; Respondent: The National Land Commission; Respondent: The Cabinet Secretary, Ministry of Lands and Physical Planning; Respondent: The District Land Adjudication Officer, Tharaka Nithi County; Respondent: The Hon. Attorney General; Respondent: Andriano Mugwiria & Others (Interested Parties)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 04 of 2018
- Procedural Posture
- Petition / Ruling on Application for Joinder of Interested Parties as Respondents
- Outcome
- Application for joinder of interested parties as respondents allowed.
- Legal Topics
- Joinder of Parties, Land Adjudication, Interested Party Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Barua Gituma & 6 Others
Applicant
The National Land Commission
Respondent
The Cabinet Secretary, Ministry of Lands and Physical Planning
Respondent
The District Land Adjudication Officer, Tharaka Nithi County
Respondent
The Hon. Attorney General
Respondent
Andriano Mugwiria & Others (Interested Parties)
Respondent
Procedural Posture
Petition / Ruling on Application for Joinder of Interested Parties as Respondents
Legal Issues
- 1 Whether the interested parties should be enjoined as respondents in the petition.
- 2 Whether the interested parties are likely to be affected by the outcome of the proceedings.
Ratio Decidendi
The court found that the interested parties, being landowners in the Gakurungu adjudication area, are likely to be affected by the outcome of the petition. Since the petitioners did not oppose the application for joinder, and in line with the principles of fair hearing and representation, the court allowed the application to enjoin the interested parties as respondents. The court further directed the newly enjoined parties to respond to the petition within 21 days and to comply with all other relevant court orders.
Court Disposition
Application for joinder of interested parties as respondents allowed.
Orders
- Interested parties are enjoined as respondents in the petition.
- Interested parties to respond to the petition within 21 days.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC PETITION CASE NO. 04 OF 2018
BARUA GITUMA & 6 OTHERS............................................................PETITIONERS
AND
THE NATIONAL LAND COMMISSION.......................................1ST RESPONDENT
THE CABINET SECRETARY, MINISTRY OF LANDS AND PHYSICAL
PLANNING.......................................................................................2ND RESPONDENT
THE DISTRICT LAND ADJUDICATION OFFICER,
THARAKA NITHI COUNTY..........................................................3RD RESPONDENT
THE HON. ATTORNEY GENERAL.............................................4TH RESPONDENT
RULING
1. This application is dated 21st November, 2018. It states on its face that it has been brought to court under Order 1 Rule 3 of the Civil Procedure Rules and Sections 1A, 1B, 3, 3A and 63(e) of the Civil Procedure Act. It seeks the following orders:
1. That this honourable court be pleased to enjoin the applicants/interested partys (sic) herein as respondents in this petition.
2. That costs of this application be borne by the petitioners.
2. The application is buttressed by the affidavit of Andriano Mugwiria, one of the applicants, and has the following grounds:
a. That the interested partys/applicants (sic) are likely to be affected by the orders that this honourable court shall make (sic) these proceedings.
b. That the applicant/interested partys (sic) hail from Gakurungu adjudication area and own land parcels in the area.
3. When the parties came to take directions on 15th January, 2019, the petitioners’ advocate intimated that the petitioners were not opposed to the application.
4. In the circumstances, the application is allowed and the interested parties are hereby directed to respond to the petition within 21 days of today. They are also directed to comply with all other orders issued by the court today in another ruling.
5. Costs shall be in the cause.
6. It is so ordered.
Delivered in open Court at Chuka this 15th day of January, 2019 in the presence of:
CA: Ndegwa
Kaimenyi Kithinji for the Interested Parties
Kinoti Kirera for the Petitioners
P. M. NJOROGE,
JUDGE.