[2021] KEELC 1190 (KLR)
The court found that the applicants, having purchased portions of the suit land from the 1st defendant and claiming a stake in the property, have a direct and recognizable interest in the subject matter of the proceedings. Their rights would be adversely affected if they are not included as interested parties. The...
Source-derived case information.
- Citation
- [2021] KEELC 1190 (KLR)
- Parties
- Respondent: Kaptich Farmers Group (Through Ezekiel Maritim, Joseah Chepkosiom and Elijah Chepkwony as the Chairman, Secretary and Treasurer); Defendant: Samson Maitamei Kapeen; Defendant: James Kipteng; Defendant: Estate of Norman Kilakoi Ole Lepore (Deceased); Applicant: Hellen Koskei & 45 Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case of 20 of 2020
- Procedural Posture
- Notice of Motion / Ruling on Application for Joinder of Interested Parties
- Outcome
- application allowed
- Judges
- MN Kullow
- Legal Topics
- Joinder of Parties, Interested Party Status, Land Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kaptich Farmers Group (Through Ezekiel Maritim, Joseah Chepkosiom and Elijah Chepkwony as the Chairman, Secretary and Treasurer)
Respondent
Samson Maitamei Kapeen
Defendant
James Kipteng
Defendant
Estate of Norman Kilakoi Ole Lepore (Deceased)
Defendant
Hellen Koskei & 45 Others
Applicant
Procedural Posture
Notice of Motion / Ruling on Application for Joinder of Interested Parties
Legal Issues
- 1 Whether the applicants should be enjoined as interested parties in the suit concerning land parcel NAROK/CIS/MARA-OLOLOLUNGA/127.
- 2 Whether the applicants have a sufficient stake in the subject matter to warrant their inclusion as interested parties.
Ratio Decidendi
The court found that the applicants, having purchased portions of the suit land from the 1st defendant and claiming a stake in the property, have a direct and recognizable interest in the subject matter of the proceedings. Their rights would be adversely affected if they are not included as interested parties. The court relied on the definition of an interested party in Black's Law Dictionary and the Supreme Court's pronouncement in Communications Commission of Kenya & 4 others vs Royal Media Services Limited & 7 others, holding that the applicants' stake in the proceedings entitles them to protection of their rights through joinder. The application for joinder was therefore merited and...
Court Disposition
application allowed
Orders
- The Notice of Motion dated 28/7/2020 is allowed.
- The intended/interested parties are enjoined in the suit as the 1st to 46th interested parties.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAROK
ELC CASE NO. 4 OF 2020
KAPTICH FARMERS GROUP
(Through Ezekiel Maritim, Joseah,Chepkosiom and Elijah Chepkwony as the
Chairman, Secretary andTreasurerof Kaptich Farmers Group).......RESPONDENT/PLAINTIFF
VERSUS
SAMSON MAITAMEI KAPEEN.............................................................................................1ST DEFENDANT
JAMES KIPTENG...................................................................................................................2ND DEFENDANT
ESTATE OF NORMAN KILAKOI OLE LEPORE (DECEASED)....................................3RD DEFENDANT
AND
HELLEN KOSKEI.............................................1ST APPLICANT/INTERESTED PARTIES & 45 OTHERS
RULING
By a Notice of Motion dated 28/7/2020 the applicant sought for orders to be enjoined in the substantive suit as 1st to 46th interested parties. The application is based on the ground that there existed various contractual relationship between the 1st Defendant and the Applicants/Intended Interested parties with regard to land parcel No. NAROK/CIS/MARA-OLOLOLUNGA/127 and that in the event that they are not enjoined in the suit herein. They will not be able to ventilate their claim.
The applications was further supported by the Affidavit of Wesley Chepkwony, who is the third proposed interested party. He contends that the portion of the land as claimed by the plaintiffs is registered in the names of three (3) proprietors with equal shares and that one if the co-owner Samson Maitamei Kapeen who is the 1st defendant sold his portion measuring 47. 07 hectares to the interested parties. Individually, the applicant’s further contends that land parcel NAROK/CIS/MARA-OLOLOLUNGA/127 is no longer existence as the same was subdivided by the purchaser who are the applicants.
Despite being given chance the respondents have not opposed that said application. I have considered the application before me and the submissions filed by the applicants.
An interested party is defined in Black’s Law Dictionary as;-
“ A party who has a recognizable stake (and therefore standing) in a matter. A party who is closely connected to a law suit should be included in the case.”
In the case of Communications Commission of Kenya and 4 others =vs= Royal Media Services Limited and 7 others Petition No. 15 of (2014) eKLR. The Supreme Court pronounced itself on who an Interested party is as one who has a stake in the proceedings; In the instant application by the mere fact that the Applicants claim to have purchased part of the suit land will definitely make them have a stake in the proceedings before court and are such entitled to the protection of their rights which would otherwise be adversely affected if not included as interested party.
The upshot of the above is that the Notice of motion dated 28/7/2020 is merited and I will allow the same and direct that the intended/interested party be enjoined in the suit herein as the 1st to 46th interested parties.
DELIVERED, SIGNED AND DATED AT NAROK THIS 27th DAY OF OCTOBER,2021
MOHAMED N. KULLOW
JUDGE