[2023] KEELC 21288 (KLR)

[2023] KEELC 21288 (KLR)

The court found that Isiolo Jua Kali Association demonstrated an identifiable stake or legal interest in the suit land, having been allocated the land in 1992, which is now registered in the name of the 1st Defendant. There was no opposition to the application, and the court was satisfied that no prejudice would be...

Source-derived case information.

Citation
[2023] KEELC 21288 (KLR)
Parties
Applicant: Ethics And Anti-Corruption Commission; Respondent: Karamoh Impex & Trasnsport Limited; Respondent: Jotham Kilimo; Respondent: Stephen Ambani; Interested Party: National Land Commission; Interested Party: Isiolo Jua Kali Association
Court
Environment and Land Court
Court Station
Environment and Land Court at Isiolo
Jurisdiction
Kenya
Case Number
Environment & Land Case E003 of 2021
Procedural Posture
Environment and Land Case / Ruling on Application for Joinder and Admission of Documents
Outcome
Application allowed.
Judges
PM Njoroge
Legal Topics
Joinder of Parties, Admission of Documents, Allocation of Land, Interested Party Status
Source Language
en
Land and Property Joinder of Parties Admission of Documents Allocation of Land Interested Party Status

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Summary, issues, holding and outcome

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Parties

Ethics And Anti-Corruption Commission

Applicant

Karamoh Impex & Trasnsport Limited

Respondent

Jotham Kilimo

Respondent

Stephen Ambani

Respondent

National Land Commission

Interested Party

Isiolo Jua Kali Association

Interested Party

Procedural Posture

Environment and Land Case / Ruling on Application for Joinder and Admission of Documents

Legal Issues

  1. 1 Whether Isiolo Jua Kali Association should be admitted as an Interested Party in the suit.
  2. 2 Whether the 2nd Interested Party's list of documents and statement should be deemed properly on record.

Ratio Decidendi

The court found that Isiolo Jua Kali Association demonstrated an identifiable stake or legal interest in the suit land, having been allocated the land in 1992, which is now registered in the name of the 1st Defendant. There was no opposition to the application, and the court was satisfied that no prejudice would be suffered by the other parties if the application was allowed. Accordingly, the court exercised its discretion to admit Isiolo Jua Kali Association as an Interested Party and to deem its list of documents and statement as properly on record. Costs were ordered to be in the cause.

Court Disposition

Application allowed.

Orders

  • Isiolo Jua Kali Association is admitted as an Interested Party in the suit.
  • The 2nd Interested Party's list of documents dated 17th July, 2023 and statement of Wilson Emmanuel Oduor dated 17th July, 2023 are deemed properly on record.