[2024] KEELC 13648 (KLR)
The court found that the applicants failed to attach any evidence to their application to demonstrate that they have an interest in the suit property or that they would be affected by any orders made in the matter. As such, the application did not meet the legal threshold required for joinder of parties under the...
Source-derived case information.
- Citation
- [2024] KEELC 13648 (KLR)
- Parties
- Plaintiff: Shabbir Ahmed Chaudhry; Respondent: Katana Charo Tsuma & 25 others; Applicant: Furaha Katana Charo & 16 others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case Civil Suit E22 of 2023
- Procedural Posture
- Civil Suit / Ruling on Application for Joinder of Interested Parties
- Outcome
- application for joinder struck out
- Judges
- FM Njoroge
- Legal Topics
- Joinder of Parties, Interest in Suit Property, Prejudice to Non Parties, Threshold for Joinder
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shabbir Ahmed Chaudhry
Plaintiff
Katana Charo Tsuma & 25 others
Respondent
Furaha Katana Charo & 16 others
Applicant
Procedural Posture
Civil Suit / Ruling on Application for Joinder of Interested Parties
Legal Issues
- 1 Whether the proposed interested parties have demonstrated sufficient interest in the suit property to warrant their joinder as defendants.
- 2 Whether the absence of evidence of interest or prejudice justifies striking out the application for joinder.
Ratio Decidendi
The court found that the applicants failed to attach any evidence to their application to demonstrate that they have an interest in the suit property or that they would be affected by any orders made in the matter. As such, the application did not meet the legal threshold required for joinder of parties under the Civil Procedure Rules. The absence of evidence of interest or prejudice was fatal to the application, and the court accordingly struck out the application for joinder with no orders as to costs.
Court Disposition
application for joinder struck out
Orders
- The application dated 27/9/2024 for joinder of proposed interested parties is struck out.
- No orders as to costs.
Full Case Text
Judgment text and source record
19 paragraphs
Chaudhry v Tsuma & 25 others; Charo & 16 others (Proposed Interested Parties) (Environment and Land Case Civil Suit E22 of 2023) [2024] KEELC 13648 (KLR) (9 December 2024) (Ruling)
Neutral citation: [2024] KEELC 13648 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Environment and Land Case Civil Suit E22 of 2023
FM Njoroge, J
December 9, 2024
Between
Shabbir Ahmed Chaudhry
Plaintiff
and
Katana Charo Tsuma & 25 others & 25 others
Respondent
and
Furaha Katana Charo & 16 others & 16 others
Proposed Interested Party
Ruling
1The applicants in the motion dated 27/9/2024 are the proposed interested parties. They seek to be joined in the proceedings as substantive parties as defendants. Their case is that they reside on the suit premises yet they were left out of the suit and they may need file a separate suit if not joined to this suit. They state that they would be prejudiced if they are not joined to the suit. The application is unopposed. However, upon perusing the said application this court find no evidence attached thereto to demonstrate that the applicants have any interest in the suit property or would be affected by orders made in the matter, and the application has thus not attained the threshold required to warrant the joinder sought, and it is hereby struck out with no orders as to costs.
RULING DATED, SIGNED AND DELIVERED AT MALINDI VIA ELECTRONIC MAIL ON THIS 9TH DAY OF DECEMBER, 2024. MWANGI NJOROGEJUDGE, ELC, MALINDI.