[2017] KEELC 1960 (KLR)
The court found that the Board of Management of Rangwena Primary School is a necessary party to the proceedings as it is responsible for the operation of the school on the disputed land. The presence of the third defendant is required to enable the court to effectually and completely adjudicate upon and settle all...
Source-derived case information.
- Citation
- [2017] KEELC 1960 (KLR)
- Parties
- Plaintiff: Dr. Okello John Robert Liech; Defendant: The Hon. Attorney General; Defendant: The County Government of Homa Bay; Defendant: The Board of Management of Rangwena Primary School
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 135 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Joinder Application
- Outcome
- Application for joinder allowed.
- Judges
- GMA Ongondo
- Legal Topics
- Joinder of Parties, Necessary Parties, Adjudication of Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. Okello John Robert Liech
Plaintiff
The Hon. Attorney General
Defendant
The County Government of Homa Bay
Defendant
The Board of Management of Rangwena Primary School
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Joinder Application
Legal Issues
- 1 Whether the Board of Management of Rangwena Primary School should be joined as a necessary party to the suit.
- 2 Whether the joinder is required for the court to effectively and completely adjudicate the dispute.
Ratio Decidendi
The court found that the Board of Management of Rangwena Primary School is a necessary party to the proceedings as it is responsible for the operation of the school on the disputed land. The presence of the third defendant is required to enable the court to effectually and completely adjudicate upon and settle all questions involved in the suit. The court noted that the application was unopposed, the defendants having been duly served but failing to attend or file any response. Accordingly, the court allowed the application for joinder and ordered that the Board of Management of Rangwena Primary School be joined as the third defendant. Costs of the application were ordered to be in the...
Court Disposition
Application for joinder allowed.
Orders
- The Board of Management of Rangwena Primary School is joined as the third defendant in the suit.
- Costs of the application to be costs in the cause.
Full Case Text
Judgment text and source record
39 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MIGORI
ELC NO. 135 OF 2017
(Formerly KISII ELC CASE 66 OF 2014)
IN THE MATTER OF THE ENVIRONMENT AND LAND COURT
ACT NO. 19 OF 2011 TRANSITIONAL PROVISIONS
AND
IN THE MATTER OF PARAGRAPH 7 OF PRACTICE DIRECTIONS ON PROCEEDINGS
RELATING TO THE ENVIRONMENT AND THE USE AND OCCUPATION
OFAND TITLETO LAND DATED 9TH NOVEMBER 2012
LAND CASE NO. 66 OF 2014
BETWEEN
DR. OKELLO JOHN ROBERT LIECH..............................PLAINTIFF
AND
THE HON. ATTORNEY GENERAL.........................1ST DEFENDANT
THE COUNTY GOVERNMENT OF HOMA BAY....2ND DEFENDANT
THE BOARD OF MANAGEMENT OF
RANGWENA PRIMARYSCHOOL.........................3RD DEFENDANT
RULING
1. In a Notice of Motion dated 25/5/2015, filed pursuant to Order 1 Rule 10 (2) of the Civil Procedure Rules. The Plaintiff is seeking orders as follows:-
1. The Honourable court be pleased to allow the plaintiff to join the third defendant, the Board of Management of Ragwena Primary School, as a party to the above suit.
2. The costs of this application be costs in the cause.
2. The grounds are on the face of it and the plaintiff’s affidavit of 25/5/2015 is in support of it. The grounds are as hereunder;-
a. The third defendant has been constituted to operate the said school and is statutorily bound to be a party to this suit.
b. The third defendant is a necessary part to enable the court to adjudicate fairly in the above case.
c. The third defendant should be made a party ex debito justice.
d. No prejudice will be occasion to the defendants or plaintiff by this application.
3. The plaintiff’s counsel Ms. Nyarige instructed by G.S. Okoth is present for hearing of Notice of Motion. She has sought for the orders in the Notice of Motion. The application is brought pursuant to Order 1 Rule 10 (2) which reads;-
“ The court may at any state of the proceedings, either upon or without the application of either party, and on such terms as may appear to the court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the court may be necessary in order to enable the court effectually and completely to adjudicate upon and settle all questions involved in the suit, be added.”
4. The defendant counsel was duly served as per hearing notice dated. 6/6/2017. There is no reason for non-attendance on his part.
5. I find the Notice of Motion merited. I accordingly allow the orders 1and 2 sought therein
6. Mention on 4/10/2017 to confirm compliance with orders thereof and for directions.
7. The defendant be served accordingly.
DELIVERED, SIGNED and DATED in open court at MIGORI this 19th day of July 2017.
G.M.A. ONGONDO
JUDGE
In presence of :-
Ms. Nyange for Plaintiff
Tom – Court /Assistant / Clerk