[2019] KEELC 929 (KLR)
The court found that the applicant, Edward Kingetich Rono, demonstrated a sufficient and direct interest in the suit land, Plot No. 548HD Block 11 Narok, as he claimed ownership and was in possession. The court held that his inclusion as an interested party would serve the interests of justice and assist in the...
Source-derived case information.
- Citation
- [2019] KEELC 929 (KLR)
- Parties
- Petitioner: Elizabeth Wanja Mwangi; Respondent: Narok County Executive Committee; Respondent: Lands, Urban Development and Physical Planning Narok County Government; Applicant: Edward Kingetich Rono
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- ? 58 of 2018
- Procedural Posture
- Constitutional Petition / Ruling on Application for Joinder and Stay
- Outcome
- application for joinder allowed; each party to bear own costs
- Judges
- MN Kullow
- Legal Topics
- Joinder of Parties, Interested Party, Ownership Dispute, Stay of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Wanja Mwangi
Petitioner
Narok County Executive Committee
Respondent
Lands, Urban Development and Physical Planning Narok County Government
Respondent
Edward Kingetich Rono
Applicant
Procedural Posture
Constitutional Petition / Ruling on Application for Joinder and Stay
Legal Issues
- 1 Whether the proposed interested party should be enjoined in the petition as an interested party.
- 2 Whether the applicant has demonstrated sufficient interest in the suit land to warrant joinder.
- 3 Whether a stay of proceedings should be granted pending determination of the application.
Ratio Decidendi
The court found that the applicant, Edward Kingetich Rono, demonstrated a sufficient and direct interest in the suit land, Plot No. 548HD Block 11 Narok, as he claimed ownership and was in possession. The court held that his inclusion as an interested party would serve the interests of justice and assist in the effective determination of the dispute. The court therefore allowed the application for joinder, finding that the applicant met the threshold for being enjoined as an interested party. However, the court did not grant a stay of proceedings and ordered that each party bear their own costs.
Court Disposition
application for joinder allowed; each party to bear own costs
Orders
- The application dated 14th February, 2019 is allowed.
- Edward Kingetich Rono is enjoined as an interested party in the petition.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAROK
ELC PET NO. 58 OF 2018
ELIZABETH WANJA MWANGI................................................................PETITIONER
-VERSUS-
NAROK COUNTY EXECUTIVE COMMITTEE..............................1ST RESPONDENT
LANDS, URBAN DEVELOPMENT AND PHYSICAL PLANNING NAROKCOUNTY
GOVERNMENT......................................................................................2ND RESPONDENT
EDWARD KINGETICH RONO........APPLICANT/PROPOSED INTERESTED PARTY
RULING
The Proposed Interested Party had by a Notice of Motion dated 14th February, 2019 sought to be enjoined as an interested party in the Petition and pending the hearing and determination of the said Application the petition be stayed. The Application is based on the grounds that he is the registered owner of Plot No. 548HD Block 11 Narok which he is in occupation and possession and was never enjoined in the Petition as party and the same shall be prejudicial to his interest in Plot No. 548HD Block 11 Narok Town.
The application was opposed by the Petitioner who had filed grounds of opposition and argued that the Applicant has not shown sufficient cause for joinder as an interested party and that the application does not have any direct or identifiable interest in the land and that the applicant has not shown the threshold for the grant of stay of the proceedings.
I have considered the Application before me and the submissions field by the parties. The instant Application was filed as a result of Petition in which the Petitioner alleges that she is the owner of Plot No. 548HD Block 11Narok Township which was later transferred to another party. The interested party on his part claims to be the owner of the land forming the foundation of the Petition.
From the Application I find that the Applicant is a person who has interest in the suit land. It shall serve the interest of justice if he is accorded the right to be heard and his inclusion in the suit will assist the court to effectively determine the issue between the parties.
The upshot of the above is that I will allow the application dated 14th February,2019.
Each party to bear their own costs.
DATED, SIGNED and DELIVERED in open court atNAROKon this 23rd day of OCTOBER, 2019
Mohammed Kullow
Judge
23/10/19
In the presence of: -
N/A for the parties
Mohammed Kullow
Judge
23/10/19