[2021] KEELC 2214 (KLR)
The court found that the application for joinder of the Attorney General and the National Land Commission as interested parties was based on grounds identical to those previously raised and dismissed in Kitale ELC No 30 of 2015. Since the parties and issues in both suits were the same, and no new or compelling...
Source-derived case information.
- Citation
- [2021] KEELC 2214 (KLR)
- Parties
- Plaintiff: James Muigai Thungu; Defendant: County Government of Trans-Nzoia; Defendant: County Executive Officer, Land, Housing & Urban Development; Defendant: Physical Planner, Trans-Nzoia County
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 31 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Join Interested Parties
- Outcome
- application dismissed with costs to the respondent
- Legal Topics
- Joinder of Parties, Interested Parties, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Muigai Thungu
Plaintiff
County Government of Trans-Nzoia
Defendant
County Executive Officer, Land, Housing & Urban Development
Defendant
Physical Planner, Trans-Nzoia County
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Join Interested Parties
Legal Issues
- 1 Whether the Attorney General and the National Land Commission should be joined as interested parties to the suit.
- 2 Whether the application for joinder is merited given the similarity to a previously dismissed application.
Ratio Decidendi
The court found that the application for joinder of the Attorney General and the National Land Commission as interested parties was based on grounds identical to those previously raised and dismissed in Kitale ELC No 30 of 2015. Since the parties and issues in both suits were the same, and no new or compelling reasons were presented, the court held that the application must fail for the same reasons as the earlier one. The court exercised its discretion to dismiss the application, emphasizing the need to avoid duplicative litigation and uphold the finality of its prior determinations on the same issue.
Court Disposition
application dismissed with costs to the respondent
Orders
- The application dated 16/2/2021 is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
ELC NO. 31 OF 2015
JAMES MUIGAI THUNGU.......................................................................PLAINTIFF
VERSUS
COUNTY GOVERNMENT OFTRANS-NZOIA..........................1ST DEFENDANT
COUNTY EXECUTIVE OFFICER, LAND,
HOUSING & URBAN DEVELOPMENT.......................................2ND DEFENDANT
PHYSICAL PLANNER, TRANS-NZOIA COUNTY ..................3RD DEFENDANT
RULING
The Application
1. The application dated 16/2/2021and filed in court on 18/2/2021has been brought under Sections 3Aof theCivil Procedure Act, Order 1 Rule 3, 10(2)and (14)of theCivil Procedure Rules. The 1st defendant seeks the following orders:-
(a) That this application be certified as urgent and heard on a priority basis.
(b) That this honourable court be pleased to join the honourable Attorney General of the Republic of Kenya and the National Land Commission as interested partes to this suit.
(c) Upon the two being joined they be served with all the pleadings herein and be at liberty to file responses to the plaintiff’s suit as they may deem fit.
(d) That this honourable court be pleased to make any other or further directions as they may deem fit.
(e) That costs of this application be provided for.
2. The application is supported by an affidavit sworn on 16/2/2021by the 1st defendant’s counsel.
The Response
3. The plaintiff filed a replying affidavit sworn on 12/4/2021.
Submissions
1. The 1st defendant filed its written submissions on 15/6/2021. The plaintiff filed his written submissions on 16/6/2021.
Determination
2. I have considered the application, the response and the submissions filed the parties. I have already dismissed a similar application dated 16/2/2021 in Kitale ELC No 30 of 2015. The grounds raised in that application are similar to the grounds raised herein. The parties in both suits are the same.
3. I find that the instant application must fail on account of the same reasons this court gave for the application dated 16/2/2021 in Kitale ELC No 30 of 2015.
4. Consequently, the application dated 16/2/2021 in the instant suit is hereby dismissed with costs to the respondent.
Dated, signedanddeliveredatKitale via electronic mail on this 9thday of August, 2021.
MWANGI NJOROGE
JUDGE, ELC, KITALE.