[2017] KEELC 615 (KLR)
The court found that since Micheni Stanley, the 9th appellant, did not authorize his inclusion in the appeal and expressed satisfaction with the lower court's decision, and since the appellants' advocate did not oppose his removal, it was just and proper to remove him from the appeal. The court further exercised its...
Source-derived case information.
- Citation
- [2017] KEELC 615 (KLR)
- Parties
- Appellant: Desderio Willis Mbaka; Appellant: Wilfred Micheni Njue; Appellant: Justus Mutharaka; Appellant: Japhet Kirimo Nthigai; Appellant: Dorothy Cianduru Justin; Appellant: Selesio Mwikamba; Appellant: Jedida Kagendo Njeru; Appellant: Ashford Nkari; Appellant: Micheni Stanley; Respondent: The Presbyterian Foundation; Respondent: The P.C.E.A. Kambandi Parish; Respondent: Simon Kiema
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 108 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Removal of Party
- Outcome
- 9th appellant removed from the appeal; no order as to costs.
- Judges
- FM Njoroge
- Legal Topics
- Removal of Party, Appeal Procedure, Dispensary Land Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Desderio Willis Mbaka
Appellant
Wilfred Micheni Njue
Appellant
Justus Mutharaka
Appellant
Japhet Kirimo Nthigai
Appellant
Dorothy Cianduru Justin
Appellant
Selesio Mwikamba
Appellant
Jedida Kagendo Njeru
Appellant
Ashford Nkari
Appellant
Micheni Stanley
Appellant
The Presbyterian Foundation
Respondent
The P.C.E.A. Kambandi Parish
Respondent
Simon Kiema
Respondent
Procedural Posture
Civil Appeal / Ruling on Removal of Party
Legal Issues
- 1 Whether the 9th appellant, Micheni Stanley, should be removed from the appeal upon his request.
- 2 Whether costs should be awarded upon removal of a party from the appeal.
Ratio Decidendi
The court found that since Micheni Stanley, the 9th appellant, did not authorize his inclusion in the appeal and expressed satisfaction with the lower court's decision, and since the appellants' advocate did not oppose his removal, it was just and proper to remove him from the appeal. The court further exercised its discretion not to award costs in the circumstances, considering the lack of opposition and the nature of the request.
Court Disposition
9th appellant removed from the appeal; no order as to costs.
Orders
- Micheni Stanley, the 9th appellant, is removed from the appeal.
- No costs are awarded.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CIVIL APPEAL CASE NO 108 OF 2017
FORMERLY CHUKA HCCA NO. 32 OF 2015
FORMERLY MERU HCCA CASE NO. 7 OF 2009
DESDERIO WILLIS MBAKA………………………...………....1ST APPELLANT
WILFRED MICHENI NJUE……………….………………….…2ND APPELLANT
JUSTUS MUTHARAKA………………….……………………..3RD APPELLANT
JAPHET KIRIMO NTHIGAI……………...……………………....4TH APPELLANT
DOROTHY CIANDURU JUSTIN………..….…………………...5TH APPELLANT
SELESIO MWIKAMBA……………………...…………………...6TH APPELLANT
JEDIDA KAGENDO NJERU…………………..…………………7TH APPELLANT
ASHFORD NKARI…………………………….…………………8TH APPELLANT
MICHENI STANLEY…………………………...………………....9TH APPELLANT
VERSUS
THE PRESBYTERIAN FOUNDATION………........……………1ST RESPONDENT
THE P.C.E.A. KAMBANDI PARISH …………......……………2ND RESPONDENT
SIMON KIEMA………………………………......……………..3RD RESPONDENT
RULING
1. On 5. 12. 2017 when this matter came for directions, the 9th Appellant, Micheni Stanley, told the court that he never gave his authority to be an appellant in this appeal. He went on to say that he was satisfied with the lower court’s decision as he felt that the community would benefit from the dispensary which is already being run by the government. It was his feeling that this appeal is not necessary as all the committee craved for in the lower court was for the government to run the apposite dispensary.
2. Mr.Muriithi, the appellant’s advocate told the court that he did not oppose removal of Micheni Stanley, the 9th Appellant, from the Appeal.
3. In the circumstances, the 9th Appellant, Micheni Stanley is removed from the Appeal.
4. No costs are awarded.
5. It is so ordered.
Delivered in open court at Chuka this 5th day of December, 2017 in the presence of:
CA: Ndegwa
Mark Muriithi for the Appellants
Micheni Stanley – 9th Appellant
P.M. NJOROGE
JUDGE