[2023] KEELC 21315 (KLR)
The court found that Isiolo Jua Kali Association demonstrated an identifiable stake in the subject matter of the suit, having been allocated the suit land in 1992, which is now registered in the name of the 1st defendant. The court was satisfied that the Association's participation as an interested party was...
Source-derived case information.
- Citation
- [2023] KEELC 21315 (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 E004 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
Source-derived case record
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 Whether Isiolo Jua Kali Association should be admitted as an interested party in the suit.
- 2 Whether the 2nd interested party's list of documents and statement should be deemed properly on record.
- 3 Whether any prejudice would be suffered by other parties if the application is allowed.
Ratio Decidendi
The court found that Isiolo Jua Kali Association demonstrated an identifiable stake in the subject matter of the suit, having been allocated the suit land in 1992, which is now registered in the name of the 1st defendant. The court was satisfied that the Association's participation as an interested party was necessary for the just determination of the issues in dispute. Further, the court noted that the application was unopposed and that no prejudice would be suffered by the existing parties if the Association was joined and its documents admitted. Accordingly, the court allowed the application in its entirety, admitting Isiolo Jua Kali Association as an interested party and deeming its...
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.
Full Case Text
Judgment text and source record
26 paragraphs
Ethics and Anti-Corruption Commission v Karamoh Impex & Trasnsport Limited & 2 others; National Land Commission (Interested Party) (Environment & Land Case E004 of 2021) [2023] KEELC 21315 (KLR) (7 November 2023) (Ruling)
Neutral citation: [2023] KEELC 21315 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case E004 of 2021
PM Njoroge, J
November 7, 2023
Between
Ethics and Anti-Corruption Commission
Applicant
and
Karamoh Impex & Trasnsport Limited
1st Respondent
Jotham Kilimo
2nd Respondent
Stephen Ambani
3rd Respondent
and
National Land Commission
Interested Party
Ruling
1. This application is dated October 19, 2023. It seeks orders;1. That this Honourable Court be pleased to admit Isiolo Jua Kali Association as an Interested Party in this suit.2. That the 2nd interested party’s list of documents dated the 17th day of July, 2023 and statement of Wilson Emmanuel Oduor dated the 17th of July, 2023 be deemed to be properly on record.3. That the costs of this application be provided for.
2. The application is supported by the affidavit of Wilson Emmanuel Oduor, the Secretary of the 2nd interested party and has the following grounds;a.That the 2nd interested party was allocated the suit land in the year 1992 which has now been registered in the name of the 1st defendant and renamed Parcel Number 7918/736. The 2nd Interested Party therefore has an identifiable stake or legal interest in the proceedings.b.That no prejudice will be suffered by the other parties if this application is allowed.
3. When the application came up for hearing on 6/11/2023, it was not opposed.
4. Consequently, I issue the following orders:a.The application is allowed.b.Costs shall be in the cause.
DELIVERED IN OPEN COURT AT ISIOLO THIS 7TH DAY OF NOVEMBER, 2023 IN THE PRESENCE OF:Court assistant: Balozi/RahmaKilimo holding brief for Mokua for the Plaintiff.Other parties not present.HON. JUSTICE P.M NJOROGEJUDGE