[2025] KEELC 463 (KLR)
The court found that the proposed interested party, Macrina Chelagat Lelei, demonstrated a sufficient interest in the subject matter of the suit, specifically the seven acres of land in dispute. The application for joinder was unopposed by the existing parties, and the court was satisfied that her participation was...
Source-derived case information.
- Citation
- [2025] KEELC 463 (KLR)
- Parties
- Plaintiff: William Chesilut; Defendant: Ezekiel Kipkorir; Interested Party: Dorcas Lelei; Proposed Interested Party: Macrina Chelagat Lelei
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kapsabet
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E016 of 2022
- Procedural Posture
- Environment and Land Case / Ruling on Application for Joinder of Interested Party
- Outcome
- Application for joinder of proposed interested party allowed.
- Judges
- GMA Ongondo
- Legal Topics
- Joinder of Parties, Interested Party Status, Civil Procedure Rules, Land Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Chesilut
Plaintiff
Ezekiel Kipkorir
Defendant
Dorcas Lelei
Interested Party
Macrina Chelagat Lelei
Proposed Interested Party
Procedural Posture
Environment and Land Case / Ruling on Application for Joinder of Interested Party
Legal Issues
- 1 Whether the proposed interested party is a necessary party to the suit and should be joined to protect her interest in the disputed land.
- 2 Whether the application for joinder is merited and unopposed.
Ratio Decidendi
The court found that the proposed interested party, Macrina Chelagat Lelei, demonstrated a sufficient interest in the subject matter of the suit, specifically the seven acres of land in dispute. The application for joinder was unopposed by the existing parties, and the court was satisfied that her participation was necessary to enable a complete and effective adjudication of the issues. Guided by Order 1 Rule 10(2) of the Civil Procedure Rules and the inherent powers under Sections 3 and 3A of the Civil Procedure Act, the court allowed the application for joinder as merited and unchallenged.
Court Disposition
Application for joinder of proposed interested party allowed.
Orders
- Macrina Chelagat Lelei is joined as an interested party to the suit.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
30 paragraphs
Chesilut v Kipkorir; Lelei (Interested Party); Lelei (Proposed Interested Party) (Environment & Land Case E016 of 2022) [2025] KEELC 463 (KLR) (11 February 2025) (Ruling)
Neutral citation: [2025] KEELC 463 (KLR)
Republic of Kenya
In the Environment and Land Court at Kapsabet
Environment & Land Case E016 of 2022
GMA Ongondo, J
February 11, 2025
Between
William Chesilut
Plaintiff
and
Ezekiel Kipkorir
Defendant
and
Dorcas Lelei
Interested Party
and
Macrina Chelagat Lelei
Proposed Interested Party
Ruling
1. By the Notice of motion application dated 1st July 2024, the proposed interested party, Macrina Chelagat Lelei through Kamau Lagat and Company Advocates, is seeking to be joined to this suit as an interested party and costs of the application be in the cause.
2. The application is founded upon seven grounds which include; that the applicant is a necessary party in this matter to protect her interest in seven acres in dispute herein.
3. Mr. Ngarngar and Mr. Kipleting Learned Counsel for the plaintiff and the defendant respectively have no opposition to the application.
4. Therefore, are the orders sought in the application available to the proposed interested party/applicant?
5. It is common ground that the proposed interested party/applicant is a necessary party with interests to protect in this suit.
6. This court is guided by Order 1 Rule 10 (2) of the Civil Procedure Rules 2010 and Sections 3 and 3A of the Civil Procedure Act Chapter 21 Laws of Kenya as regards the instant application.
7. In the premises, the application is unchallenged and merited.
8. Thus, the application is hereby allowed accordingly.
9. It is so ordered.
DATED AND DELIVERED AT KAPSABET THIS 11TH DAY OF FEBRUARY 2025. GEORGE M. A. ONGONDOJUDGEPRESENTMr Ngarngar, Learned Counsel for the plaintiffMr Kipleting, Learned Counsel for the defendantMr Kamau Lagat, Learned Counsel for the proposed interested party/applicantWalter, Court Assistant