[2024] KEELC 3976 (KLR)
The court found that Moses Owino Odhiambo, trading as Mosem Enterprises, had provided sufficient evidence of an identifiable stake in the suit property LR No. 527 Njoro, including an allotment letter and proof of payment of requisite fees. This justified his joinder as an interested party. However, the application...
Source-derived case information.
- Citation
- [2024] KEELC 3976 (KLR)
- Parties
- Applicant: Ezekiel Kosgey Kesendany; Respondent: County Government of Nakuru; Respondent: Egerton University; Respondent: National Land Commission; Respondent: The Chief Land Registrar; Respondent: The County Land registrar Nakuru Lands Registry; Respondent: The County Surveyor Nakuru County; Respondent: The Hon Attorney General; Applicant: Moses Owino Odhiambo t/a Mosem Enterprises; Applicant: Richard Kipngeno Langat & 145 others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Petition 003 of 2024
- Procedural Posture
- Environment and Land Petition / Ruling on Applications for Joinder and Injunction
- Outcome
- First application for joinder allowed; second application for joinder and injunction dismissed; each party to bear its own costs.
- Judges
- A Ombwayo
- Legal Topics
- Joinder of Parties, Proprietary Interest, Allotment Letters, Public Land, Injunctive Relief
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ezekiel Kosgey Kesendany
Applicant
County Government of Nakuru
Respondent
Egerton University
Respondent
National Land Commission
Respondent
The Chief Land Registrar
Respondent
The County Land registrar Nakuru Lands Registry
Respondent
The County Surveyor Nakuru County
Respondent
The Hon Attorney General
Respondent
Moses Owino Odhiambo t/a Mosem Enterprises
Applicant
Richard Kipngeno Langat & 145 others
Applicant
Procedural Posture
Environment and Land Petition / Ruling on Applications for Joinder and Injunction
Legal Issues
- 1 Whether the proposed interested parties have sufficient interest to be joined in the petition.
- 2 Whether the applicants are entitled to a temporary injunction restraining interference with LR No. 527 Njoro.
Ratio Decidendi
The court found that Moses Owino Odhiambo, trading as Mosem Enterprises, had provided sufficient evidence of an identifiable stake in the suit property LR No. 527 Njoro, including an allotment letter and proof of payment of requisite fees. This justified his joinder as an interested party. However, the application by Richard Kipngeno Langat & 145 others failed as they did not provide adequate evidence of their interest in the property. The court also found no basis for granting a temporary injunction, as the applicants did not establish a prima facie case or sufficient proprietary interest. The court thus allowed the first application for joinder, dismissed the second application for...
Court Disposition
First application for joinder allowed; second application for joinder and injunction dismissed; each party to bear its own costs.
Orders
- The intended interested party in the application dated 18th December, 2023 is joined to this suit as an interested party and granted 14 days to file and serve pleadings, witness statements, and documents.
- Upon service, the Petitioner and Respondents are granted 14 days to file and serve their pleadings, witness statements, and documents in response to the interested party’s pleadings.
Full Case Text
Judgment text and source record
51 paragraphs
Kesendany v County Government of Nakuru & 6 others; Langat & 145 others (Intended Interested Party) (Environment & Land Petition 003 of 2024) [2024] KEELC 3976 (KLR) (3 May 2024) (Ruling)
Neutral citation: [2024] KEELC 3976 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment & Land Petition 003 of 2024
A Ombwayo, J
May 3, 2024
Between
Ezekiel Kosgey Kesendany
Petitioner
and
County Government of Nakuru
1st Respondent
Egerton University
2nd Respondent
National Land Commission
3rd Respondent
The Chief Land Registrar
4th Respondent
The County Land registrar Nakuru Lands Registry
5th Respondent
The County Surveyor Nakuru County
6th Respondent
The Hon Attorney General
7th Respondent
and
Richard Kipngeno Langat & 145 others
Intended Interested Party
Ruling
Brief Facts 1The first application dated 18th December, 2023 filed by the proposed interested party Moses Owino Odhiambo t/a Mosem Enterprises sought the following orders:PARA 1. Spent. 2. THAT the Honourable court be pleased to allow MOSEM ENTERPRISES LIMITED to be joined in the proceedings as interested party and leave be granted to file pleadings, affidavits and such other necessary documents thereof in response to this suit.
3. THAT costs of and incidental to the application be provided for.
2The 1st Application was based on grounds set out and supported by the Affidavit of MOSES OWINO ODHIAMBO the proposed interested party herein sworn on 18th December, 2022.
3It was stated that he has a stake in the suit property parcel number LR NO. 527 and that any orders that the Petitioner and or Respondents will obtain will adversely affect his interests.
4He stated that he was allocated the suit property in 2012 by the Commissioner of Lands and that he paid the requisite fees at stipulated in the allotment letter.
5He further stated that he immediately took possession and that due to the vastness of the suit property, he has had running battles with trespassers that is employees of the 2nd Respondent.
6It was stated that persons laying any claim over the suit parcel is infringing his proprietary rights hence the need to be enjoined as an interested party in the petition.
7In conclusion he urged the court to have him joined as an interested party so that his interests are safeguarded.
8The second application dated 30th January, 2024 filed by the intended interested parties/Applicants sought the following orders:1. Spent.2. That the intended interested parties/Applicants be enjoined in the petition.3. Spent.4. That this honourable court be pleased to issue a temporary injunction against the Petitioner and the Respondents by themselves, their agents, servants and or assigns from selling and or in any manner interfering with the parcel of land known as L.R 527 Njoro measuring 640. 63 Hectares within Nakuru County pending the hearing and determination of the Petition herein.5. THAT cost of this application be in the cause.
9The 2nd application was based on grounds set out and supported by the Affidavit of Richard Kipngeno Langat the 1st Applicant herein sworn on 30th January, 2024.
10It was stated that the 1st Applicant had the authority of the other 145 Applicants. That the Applicants’ fathers were employees of Lord Egerton and have since been in actual possession of the suit property L.R 527.
11He stated that they registered a company Mosem Enterprises Ltd to safeguard their interest in the suit property. He added that they contributed towards the payment of the fees for the approval and survey of the suit property.
12It was further stated that they took possession of the suit property after payment and they have since developed the same. The Applicant stated that they have since learnt that the Respondent has subdivided the suit property and thus they will be prejudiced.
13In conclusion, the Applicant urged the court to allow the instant application and protect their interest.
Response 14The Petitioner filed his grounds of opposition dated 29th January, 2024 on the following grounds:1. THAT the Applicant is an interloper without any cognizable or sufficient interest in the subject matter of the suit wherefore the same is an abuse of the Court process.2. THAT the suit involves public interest litigation and orders arising thereof are for the common interest of the residents of Nakuru County.3. THAT the Applicant's interest is predicated on a suit property, L.R NO.527, that is alienated and bears a title deed in favour of a public entity whereof the alleged letter of allotment is subservient to the title deed and cannot originate an actionable interest.4. THAT the Applicant's interest is best litigated in a different forum considering that the L.R NO. 527 is registered in the name of Egerton University.
Submissions 15None of the parties filed their submissions.
Analysis and Determination 16This court has considered the applications together with the supporting affidavits and is of the view that the main issue for determination is whether the intended interested parties ought to be joined to this suit
17This court has looked at the allotment letter issued to the 1st intended interested party as well as the certificate of registration of business name for Mosem Enterprises. It is clear that the letter of allotment dated 12th June, 2012 issued to the said business is in reference to the suit property LR No. 527 Njoro. There is also evidence of payment by the 1st intended interested party of the requisite fees.
18It is this court’s view that the 1st intended interested party has an identifiable stake in the suit property. I therefore find and hold that he has an identifiable stake in this suit and is therefore joined to this suit as an interested party.
19In the second application dated 30th January, 2024, I am of the view that the intended interested parties have failed to provide evidence that they have an interest in the suit property.
20In the end, this court makes the following orders:a.The Intended interested party in the application dated 18th December, 2023 is joined to this suit as an interested party and granted 14 days to file and serve his pleadings together with witness statements and documents.b.Upon service, the Petitioner and Respondents are granted 14 days to file and serve their pleadings, witness statements and documents in response to the interested party’s pleadings.c.The application dated 30th January, 2024 is hereby dismissed.d.Each party to bear its own costs.It is so ordered.
RULING DATED SIGNED AND DELIVERED VIRTUALLY AT NAKURU ON 3RD MAY 2024. A.O.OMBWAYOJUDGE