[2019] KEELC 2381 (KLR)
The court found that Oloololo Game Ranch Limited, as the registered owner of the adjacent parcel, has demonstrated a sufficient stake in the proceedings and that its joinder as an interested party will assist the court in making a just determination of the matter. The court exercised its discretion under Order 1...
Source-derived case information.
- Citation
- [2019] KEELC 2381 (KLR)
- Parties
- Plaintiff: Michael Linkat & 2 Others; Defendant: David LeBoo Kilusu & 2 Others; Applicant: Oloololo Game Ranch Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 466 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Joinder Application
- Outcome
- application for joinder allowed; prayer for site visit declined; each party to bear own costs
- Judges
- MN Kullow
- Legal Topics
- Joinder of Parties, Land Ownership Disputes, Civil Procedure Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Linkat & 2 Others
Plaintiff
David LeBoo Kilusu & 2 Others
Defendant
Oloololo Game Ranch Limited
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Joinder Application
Legal Issues
- 1 Whether Oloololo Game Ranch Limited should be enjoined as an interested party in the suit.
- 2 Whether the court should direct the registrar and surveyor to visit the suit properties at this stage.
Ratio Decidendi
The court found that Oloololo Game Ranch Limited, as the registered owner of the adjacent parcel, has demonstrated a sufficient stake in the proceedings and that its joinder as an interested party will assist the court in making a just determination of the matter. The court exercised its discretion under Order 1 Rule 10 of the Civil Procedure Rules to allow the joinder. However, the court declined to grant the prayer for an order directing the registrar and surveyor to visit the suit properties at this stage, finding the request premature since the applicant will have the opportunity to cross-examine witnesses during the hearing, and may move the court for such orders if necessary at that...
Court Disposition
application for joinder allowed; prayer for site visit declined; each party to bear own costs
Orders
- Oloololo Game Ranch Limited is hereby enjoined as an interested party in the suit.
- The prayer for an order directing the registrar and surveyor to visit the suit properties is declined as premature.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAROK
ELC CAUSE NO. 466 OF 2017
FORMERLY KISII ELC NO. 930 OF 2016
MICHAEL LINKAT & 2 OTHERS................PLAINTIFFS
-VERSUS -
DAVID LEBOO KILUSU & 2 OTHERS.....DEFENDANTS
RULING
I have read the application before me and the submissions filed by counsel. The instant application is for joinder of the interested party Oloololo game ranch limited which is the registered owner of that parcel of land known as NAROK/TRANS MARA/OLOOLOLO which boarders land parcel Trans Mara/Kimintet ‘D’ 480 in which the proprietors of land parcel Trans Mara/Kimintet ‘D’/488 have filed suit against the respondent.
In the application the applicant is asking the court to use its discretion. Order 1 Rule 10 of the Civil Procedure Rules provides that the court may at any stage of the proceedings either on its own motion or by an application by a party if it new that the issues raised by the applicant will assist the court effectively and completely adjudicate upon the issues for determination.
Having heard the application before me I find that the issues raised by the applicant shows that the applicant has a stake in the proceedings and the issues he raises will assist the court in making a just determination of the matter.
In view of the above I will allow the application dated 6th February, 2019 and order that the interested party herein be enjoined in the suit.
On the prayer of an order directing the registrar and surveyor Trans Mara to visit the suit properties, I find that this prayer is premature as the applicant will have the opportunity to cross examine the plaintiffs and defendants witnesses when the suit commences for hearing and in the event that there will be need for the aforesaid report the applicant will be at liberty to move the court appropriately.
As for costs each party shall bear its costs on the application.
Mohammed Kullow
Judge
28/6/19
In the presence of:-
Ms Ochwal for the Plaintiff/applicant
N/A for the respondent
CA:Chuma