[2016] KEHC 8096 (KLR)
The court found that the proposed Interested Parties, being property owners trading under the same style as the Plaintiffs and affected by existing orders, have a legitimate interest in the proceedings. Their joinder is necessary to ensure they are heard and protected from potential injustice. The application was...
Source-derived case information.
- Citation
- [2016] KEHC 8096 (KLR)
- Parties
- Plaintiff: John Ntoiti Mugambi & 85 Others (All trading as Isiolo Stage View Enterprises C.B.O); Defendant: County Government of Isiolo; Interested Party: Muthee M'Nkuraru & 39 Others (All trading as Isiolo Stage View Enterprises C.B.O)
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 102 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Joinder and Extension of Interim Orders
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Joinder of Parties, Interim Injunctions, Property Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Ntoiti Mugambi & 85 Others (All trading as Isiolo Stage View Enterprises C.B.O)
Plaintiff
County Government of Isiolo
Defendant
Muthee M'Nkuraru & 39 Others (All trading as Isiolo Stage View Enterprises C.B.O)
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Application for Joinder and Extension of Interim Orders
Legal Issues
- 1 Whether the proposed Interested Parties should be joined as Plaintiffs to the suit.
- 2 Whether interim orders previously granted should be extended to benefit the Interested Parties.
- 3 Whether the Interested Parties are entitled to protection from alleged injustice by the Defendant.
Ratio Decidendi
The court found that the proposed Interested Parties, being property owners trading under the same style as the Plaintiffs and affected by existing orders, have a legitimate interest in the proceedings. Their joinder is necessary to ensure they are heard and protected from potential injustice. The application was unopposed, and the court determined that extending the interim orders to cover the Interested Parties is just and reasonable, pending the determination of the substantive application. The court exercised its discretion under Section 63 of the Civil Procedure Act to allow the joinder and extension of orders, ensuring all parties with a direct stake in the dispute are adequately...
Court Disposition
application allowed
Orders
- The proposed Interested Parties are joined to the suit as Plaintiffs.
- Interim orders extant in the suit are extended to affect the Interested Parties until the apposite application is heard and determined.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
LAND AND ENVIRONMENT DIVISION
ENVIRONMENT AND LAND COURT CASE NO 102 OF 2015
JOHN NTOITI MUGAMBI & 85 OTHERS...........................................................PLAINTIFF
(ALL TRADING AS ISIOLO STAGE VIEW ENTERPRISES C.B.O)
VERSUS
COUNTY GOVERNMENT OF ISIOLO..............................................................DEFENDANT
AND
MUTHEE M'NKURARU & 39 OTHERS
ALL TRADING AS ISIOLO STAGE
VIEW ENTERPRISES C.B. O....................................................................INTERESTED PARTY
R U L I N G
1. This Application is dated 18/08/2016 and seeks orders:-
1. THAT the Honourable Court be pleased to order that the proposed Interested Parties be joined to this suit as Plaintiffs.
2. THAT the Honourable Court be pleased to extend the orders granted on 3rd June, 2016 to cover and/or benefit the Interested Parties herein inclusive of all other consequential orders.
3. THAT the costs of this application be provided for.
2. The Application is supported by the Affidavit of MUTHEE M'NKURARU and has the following grounds:-
(a) THAT the proposed Interested Parties are some of the property owners of ISIOLO STAGE VIEW ENTERPRISES C.B.O and thus trading in the same style and name.
(b) THAT orders have been since been issued to the exclusivity of themselves hence affecting management of their properties in a case in which they were never made parties nor have they been heard.
(c)THAT the Interested Parties desire to be heard together with the current plaintiffs and cannot be heard unless or until they have been joined as parties to the suit.
(d) THAT the Interested Parties ought to be protected by this Honourable Court from the impending injustice from the defendants so well as the Plaintiffs have been protected this far.
(e) THAT it is just and reasonable to grant the orders sought.
3. The application is merely facilitative of expeditious disposal of the suit and it is not opposed.
4. The application is allowed.
5. Interim Orders extant in the suit are extended to affect the Interested Parties. The extension of the Interested Orders is in terms of Section 63, CPA until the apposite application is heard and determined.
6. Costs shall be in the cause.
7. It is so ordered.
8. Directions on 16/11/2016
DELIVERED IN OPEN COURT AT MERU THIS 15TH DAY OF SEPTEMBER, 2016 IN THE PRESENCE OF:-
CC: Daniel
Kiogora and Ashava for the Applicants/Plaintiffs
Kiogora for the Applicants
Ashava for the Interested Parties
Nyauchi for the Defendant
P .M. NJOROGE
JUDGE