[2023] KEELC 22442 (KLR)
The court found that the Kenya National Highways Authority is not the registered proprietor of L.R. No. Ngong/Ngong/100/32, as evidenced by the certificate of official search. Since the 6th respondent has no legal interest in the subject property, it is not a necessary party to the petition. The proper party is the...
Source-derived case information.
- Citation
- [2023] KEELC 22442 (KLR)
- Parties
- Applicant: Jamini Agency Limited; Respondent: National Land Commission; Respondent: Land Registrar; Respondent: Director Of Surveys; Respondent: Department Of Environment; Respondent: Mathari Teaching And Referral Hospital; Respondent: Kenya National Highways Authority; Respondent: Judicial Service Commission; Respondent: State Department Of Defence; Respondent: State Department Of Livestock; Respondent: The Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E004 of 2023
- Procedural Posture
- Constitutional Petition / Ruling on Notice of Motion to Strike Out Party
- Outcome
- Application allowed; 6th respondent struck out; petition dismissed as against 6th respondent.
- Judges
- MN Gicheru
- Legal Topics
- Joinder of Parties, Striking Out Party, Registered Proprietorship, Necessary Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jamini Agency Limited
Applicant
National Land Commission
Respondent
Land Registrar
Respondent
Director Of Surveys
Respondent
Department Of Environment
Respondent
Mathari Teaching And Referral Hospital
Respondent
Kenya National Highways Authority
Respondent
Judicial Service Commission
Respondent
State Department Of Defence
Respondent
State Department Of Livestock
Respondent
The Attorney General
Respondent
Procedural Posture
Constitutional Petition / Ruling on Notice of Motion to Strike Out Party
Legal Issues
- 1 Whether the Kenya National Highways Authority is a necessary party to the petition regarding L.R. No. Ngong/Ngong/100/32.
- 2 Whether the petition should be dismissed as against the 6th respondent.
Ratio Decidendi
The court found that the Kenya National Highways Authority is not the registered proprietor of L.R. No. Ngong/Ngong/100/32, as evidenced by the certificate of official search. Since the 6th respondent has no legal interest in the subject property, it is not a necessary party to the petition. The proper party is the entity in whose name the land is registered. Accordingly, the court allowed the motion to strike out the 6th respondent from the proceedings and dismissed the petition as against it. Costs were ordered in the cause.
Court Disposition
Application allowed; 6th respondent struck out; petition dismissed as against 6th respondent.
Orders
- The name of the 6th respondent, Kenya National Highways Authority, is struck out of the petition.
- The petition is dismissed in so far as it relates to Kenya National Highways Authority.
Full Case Text
Judgment text and source record
37 paragraphs
Jamini Agency Limited v National Land Commission & 9 others (Constitutional Petition E004 of 2023) [2023] KEELC 22442 (KLR) (18 December 2023) (Ruling)
Neutral citation: [2023] KEELC 22442 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Constitutional Petition E004 of 2023
MN Gicheru, J
December 18, 2023
Between
Jamini Agency Limited
Petitioner
and
National Land Commission
1st Respondent
Land Registrar
2nd Respondent
Director Of Surveys
3rd Respondent
Department Of Environment
4th Respondent
Mathari Teaching And Referral Hospital
5th Respondent
Kenya Naitonal Highways Authority
6th Respondent
Judicial Service Commission
7th Respondent
State Department Of Defence
8th Respondent
State Department Of Livestock
9th Respondent
The Attorney General
10th Respondent
Ruling
1. This ruling is on the notice of motion dated 12/9/2023. The motion which is by the 6th respondent seeks the following orders:2. That the name of the 6th respondent be and is hereby struck out of the petition herein dated 4/7/2023. 3.The Petition herein dated 4/7/2023 be and is hereby dismissed in so far as it relates to Kenya National Highways Authority.4. The costs of this application and of the dismissed petition be borne by the petitioner.
2. The motion is based on seven grounds, supported by a supporting affidavit sworn by Michael Obop, a Senior Surveyor working for the 6th Respondent dated 12/9/2023 which has several annexures which include a copy of certificate of official search which shows the registered proprietor of L.R. Ngong/Ngong/100/32 as the Cabinet Secretary to the Treasury of Kenya for the Kenya Institute of Highways and Building Department.
3. The motion though served on the petitioner and other respondents is unopposed by any of the parties.
4. Having considered the motion dated 12/9/2023 in its entirety, I find that it has merit especially because L.R. No. Ngong/Ngong/100 32 is not registered in the name of the 6th respondent. The 6th respondent not being the registered owner of the said land is not a necessary party in this case. The necessary party is the one in whose name the land is registered. The motion is therefore allowed in terms of prayers 2 and 3 only. Costs in the cause.
DATED 18TH DECEMBER, 2023 AND DRAWN BY:M. N. GICHERUJUDGEDelivered in the presence of:1. Petitioners Counsel – Mr. Wanyundi2. 2nd, 3rd, 4th, 5th, 8th, 9th and 10th Respondent’s Counsel – Miss Ali3. 7th Respondent’s Counsel – Mr. Mungai4. 6th Respondent’s Counsel – Mr. Havi5. Mpoe: Court Assistant