[2017] KEELC 2249 (KLR)
The court found that since the application for joinder by Chuka Igamba’ombe Development Association was not opposed by any party and the applicant had demonstrated sufficient interest in the proceedings, it was just and proper to allow the application. The court exercised its discretion to grant the orders sought,...
Source-derived case information.
- Citation
- [2017] KEELC 2249 (KLR)
- Parties
- Plaintiff: Mutegi Mugwetwa; Defendant: County Ministry of Lands, Physical Planning Energy & ICT County Government of Tharaka Nithi; Defendant: County Government of Tharaka Nithi Director General; Defendant: Kenya Urban Rural Authority; Defendant: Kenya Urban Roads Authority; Defendant: The Regional Manager-Upper Eastern (Kenya Urban Roads Authority); Defendant: Territorial Works (K) Ltd; Applicant: Chuka Igamba’ombe Development Association
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 215 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Joinder Application
- Outcome
- application allowed
- Judges
- FM Njoroge
- Legal Topics
- Joinder of Parties, Leave to File Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mutegi Mugwetwa
Plaintiff
County Ministry of Lands, Physical Planning Energy & ICT County Government of Tharaka Nithi
Defendant
County Government of Tharaka Nithi Director General
Defendant
Kenya Urban Rural Authority
Defendant
Kenya Urban Roads Authority
Defendant
The Regional Manager-Upper Eastern (Kenya Urban Roads Authority)
Defendant
Territorial Works (K) Ltd
Defendant
Chuka Igamba’ombe Development Association
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Joinder Application
Legal Issues
- 1 Whether Chuka Igamba’ombe Development Association should be joined as an interested party in the proceedings.
- 2 Whether the applicant should be granted leave to file pleadings in response to the suit.
- 3 Who should bear the costs of the application.
Ratio Decidendi
The court found that since the application for joinder by Chuka Igamba’ombe Development Association was not opposed by any party and the applicant had demonstrated sufficient interest in the proceedings, it was just and proper to allow the application. The court exercised its discretion to grant the orders sought, allowing the applicant to be joined as an interested party and to file pleadings in response to the suit. Costs were ordered to be in the cause.
Court Disposition
application allowed
Orders
- Chuka Igamba’ombe Development Association is joined as an interested party in these proceedings forthwith.
- The applicant is granted leave to file pleadings in response to the suit.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 215 OF 2017
FORMERLY EMBU ELC CASE NO.266 OF 2015
FORMERLY MERU ELC CASE NO.8 OF 2015
MUTEGI MUGWETWA………..…………………….......................................………..PLAINTIFF
VERSUS
COUNTY MINISTRY OF LANDS, PHYSICAL PLANNING ENERGY
& ICT COUNTY GOVERNMENT OF THARAKA NITHI …………...................................1ST DEFENDANT
COUNTY GOVERNMENT OF THARAKA NITHI DIRECTOR GENERAL...........................2ND DEFENDANT
(KENYA URBAN RURAL AUTHORITY)……………..............................................…….3RD DEFENDANT
KENYA URBAN ROADS AUTHORITY…………….............................................…….....4TH DEFENDANT
THE REGIONAL MANAGER-UPPER EASTERN
(KENYA URBAN ROADS AUTHORITY) …………………….......………………………….5TH DEFENDANT
TERRITORIAL WORKS (K) LTD…………......................................................…………….6TH DEFENDANT
RULING
1. This application is dated 1st February, 2016 and seeks orders that:
1. The Applicant herein, Chuka Igamba’ombe Development Association be joined in these proceedings as an interested party forewith.
2. The Applicant be granted leave to file pleadings in response to the suit herein.
3. That the costs of this application be provided for:
2. On 11. 7.2017, the other parties indicated that they were not opposed to the application.
3. In the circumstances, the application is allowed.
4. Costs shall be in the cause
5. It is so ordered.
Delivered in open court at Chuka this 11th day of July, 2017 in the presence of:
CA: Ndegwa
Mwiti h/b Murango Mwenda for 1st defendant
Murimi Murango for the plaintiff
Miss Kungu for 3rd, 4th and 5th defendants
Miss Kungu h/b Wawerufor proposed interested party.
P. M. NJOROGE
JUDGE