[2017] KEELC 62 (KLR)
The court found that the application to enjoin the intended interested party was unopposed and merited. The presence of the interested party was necessary for the just determination of the issues in dispute. The court exercised its discretion under Order 1 Rule 10(2) of the Civil Procedure Rules and sections 1A and...
Source-derived case information.
- Citation
- [2017] KEELC 62 (KLR)
- Parties
- Plaintiff: Peter Obonyo Omollo; Defendant: Crispin Lumumba Mwai; Applicant: Alphonce Atieno Omollo
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 33 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Joinder of Party
- Outcome
- application allowed
- Judges
- GMA Ongondo
- Legal Topics
- Joinder of Parties, Procedure for Enjoining Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Obonyo Omollo
Plaintiff
Crispin Lumumba Mwai
Defendant
Alphonce Atieno Omollo
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Application for Joinder of Party
Legal Issues
- 1 Whether the intended interested party should be enjoined as a party to the suit under Order 1 Rule 10 of the Civil Procedure Rules.
Ratio Decidendi
The court found that the application to enjoin the intended interested party was unopposed and merited. The presence of the interested party was necessary for the just determination of the issues in dispute. The court exercised its discretion under Order 1 Rule 10(2) of the Civil Procedure Rules and sections 1A and 3A of the Civil Procedure Act to allow the application for joinder, ensuring that all parties with an interest in the subject matter are before the court for effective adjudication.
Court Disposition
application allowed
Orders
- The intended interested party is enjoined as a party to the suit.
- Costs of the application shall be in the cause.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MIGORI
ELCC APPEAL NO. 33 OF 2017
(Formerly KISII ELCC No. 620 OF 2016)
PETER OBONYO OMOLLO..................................................PLAINTIFF/APPLICANT
VERSUS
CRISPIN LUMUMBA MWAI………….........................DEFENDANT/RESPONDENT
AND
ALPHONCE ATIENO OMOLLO......INTENDED INTERESTED PARTY/APPLICANT
RULING
1. A Notice of Motion dated 20//2/2017by the Defendant and Intended Interested Party was brought under order 1 Rule 10 (I) and(2) order 51 Rules 1 and 3 Civil Procedure Rules, 55 1A, 3A Civil Procedure Act and filed on 21/2/2012by their counsel, Mose Nyambega and Company Advocates. It seeks to enjoin the applicant and interested party herein a party to this suit.
2. The Plaintiff /Respondent counsel C.A. Okenye was duly served as per affidavit of service sworn on 27/2/2017. The Plaintiff/Respondent and counsel are absent without reason.
3. The application is unopposed and merited. I allow it with costs in the cause.
GEORGE M. A. ONGONDO
JUDGE
DELIVERED, SIGNED and DATED in open court at MIGORI this 7th day of March, 2017.
In the presence of :-
The defendant
Mr. Kisia holding brief for Mose Nyambega for the Defendant and intended interested party