[2025] KEELC 3102 (KLR)
The court found that Omar Sharif Ali is a necessary party to the proceedings and that his joinder as the 5th defendant is essential for the just determination of the issues in dispute. The court exercised its discretion to grant the application for joinder and directed the plaintiff to amend the plaint accordingly...
Source-derived case information.
- Citation
- [2025] KEELC 3102 (KLR)
- Parties
- Plaintiff: Sarla Devi & Others; Defendant: Lands Registrar, Kilifi County & Others; Defendant: Omar Sharif Ali
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Land Case E013 of 2023
- Procedural Posture
- Land Case / Ruling on Joinder and Directions
- Outcome
- Application allowed in terms of prayers 2 and 3; Omar Sharif Ali joined as 5th defendant; directions for service and filing of defence issued.
- Judges
- FM Njoroge
- Legal Topics
- Joinder of Parties, Amendment of Pleadings, Service of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sarla Devi & Others
Plaintiff
Lands Registrar, Kilifi County & Others
Defendant
Omar Sharif Ali
Defendant
Procedural Posture
Land Case / Ruling on Joinder and Directions
Legal Issues
- 1 Whether Omar Sharif Ali should be joined as the 5th defendant in the suit.
- 2 Whether the plaintiff should be compelled to serve the applicant with all pleadings and allow him to file his response.
Ratio Decidendi
The court found that Omar Sharif Ali is a necessary party to the proceedings and that his joinder as the 5th defendant is essential for the just determination of the issues in dispute. The court exercised its discretion to grant the application for joinder and directed the plaintiff to amend the plaint accordingly and serve the applicant with all relevant pleadings. The applicant was granted leave to file his defence and trial bundle within 14 days of service. The court considered that the application was unopposed and that the inclusion of the applicant would not prejudice the existing parties but would instead facilitate a comprehensive resolution of the dispute.
Court Disposition
Application allowed in terms of prayers 2 and 3; Omar Sharif Ali joined as 5th defendant; directions for service and filing of defence issued.
Orders
- Omar Sharif Ali is joined as the 5th defendant in the suit.
- The plaintiff shall amend the plaint to include the 5th defendant and serve him with the amended plaint and all pleadings within 14 days.
Full Case Text
Judgment text and source record
19 paragraphs
Devi & others v Lands Registrar, Kilifi County & others (Land Case E013 of 2023) [2025] KEELC 3102 (KLR) (3 April 2025) (Ruling)
Neutral citation: [2025] KEELC 3102 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Land Case E013 of 2023
FM Njoroge, J
April 3, 2025
Between
Sarla Devi & Others
Plaintiff
and
Lands Registrar, Kilifi County & Others
Defendant
Ruling
1. The application that is before this Court for determination is dated 4th January 2024 and filed on 15th January 2025. It seeks a raft of orders as follows:i.……………………… Spentii.That one Omar Sharif Ali the applicant here in be joined as the 5th defender in the suit;iii.The plaintiff be compelled to serve him with all the pleadings filed and the applicant be at liberty to file his pleadings in response to the suit within such a time frame and on such terms as the court may direct;iv.That in the alternative to prayer number 3 herein above the court be pleased to admit the 5th defendant’s defense and all the supporting pleadings thereof filed with the leave of the court;v.That the court do order the parties herein to participate in a survey of the original land portion number Mariakani/Kawala B/31 as it was before the subdivision to establish the actual size of the said land and that the 2nd and 3rd defendants be ordered to conduct the survey exercise and to file the report in court;vi.The 2nd and 3rd defendants be ordered to conduct survey of the original land portion number Mariakani / Kawala B/ 31 as it was before subdivision to establish the actual size of the said land and file the report in court;vii.That the costs of the application be in the cause.
2. The application is unopposed. I have considered its contents. In this court view the applicant is a necessary party to proceedings. I therefore grant the application in terms of Prayers No 2 and 3 thereof. The plaintiffs shall consider the matters raised in the application and amend his plaint appropriately to include the applicant as the 5th defendant. The plaintiffs shall thereafter serve the applicant with the amended plaint and also all pleadings that he has filed or been served with by the 1st to 4th defendants in this case within 14 days from the date from the date of this order.
3. Upon being served and upon studying those documents, the 5th defendant shall file his defence and his duly paginated and index trial bundle within 14 days of service.
4. This matter shall be mentioned on 7th May 2025 for confirmation of compliance by all parties and for issuance of a hearing date.
DATED, SIGNED AND DELIVERED AT MALINDI VIA ELECTRONIC MAIL ON THIS 3RD DAY OF APRIL 2025. MWANGI NJOROGEJUDGE, ELC, MALINDI.