[2023] KEELC 17381 (KLR)
The court found that since all opposite parties did not oppose the application for joinder, and considering the necessity for effectual adjudication, the Interested Parties should be granted leave to join the suit. The court exercised its discretion to allow the application and ordered that costs be in the cause.
Source-derived case information.
- Citation
- [2023] KEELC 17381 (KLR)
- Parties
- Applicant: Kamais Pius; Applicant: Guyo Wako; Applicant: Shinda Boru; Respondent: China Communication Company; Respondent: Kenya National Highway Authority
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Isiolo
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 002 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Joinder of Interested Parties
- Outcome
- Application for joinder of Interested Parties allowed.
- Judges
- PM Njoroge
- Legal Topics
- Joinder of Parties, Leave to Join Suit, Costs in the Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kamais Pius
Applicant
Guyo Wako
Applicant
Shinda Boru
Applicant
China Communication Company
Respondent
Kenya National Highway Authority
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Joinder of Interested Parties
Legal Issues
- 1 Whether the proposed Interested Parties should be joined in the suit.
- 2 Whether costs should be provided for the application.
Ratio Decidendi
The court found that since all opposite parties did not oppose the application for joinder, and considering the necessity for effectual adjudication, the Interested Parties should be granted leave to join the suit. The court exercised its discretion to allow the application and ordered that costs be in the cause.
Court Disposition
Application for joinder of Interested Parties allowed.
Orders
- The Interested Parties are granted leave to join the suit in ELC E001 of 2023 and in ELC E002 of 2023.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
24 paragraphs
Pius & 2 others v China Communication Company & another (Environment & Land Case 002 of 2021) [2023] KEELC 17381 (KLR) (15 May 2023) (Ruling)
Neutral citation: [2023] KEELC 17381 (KLR)
Republic of Kenya
In the Environment and Land Court at Isiolo
Environment & Land Case 002 of 2021
PM Njoroge, J
May 15, 2023
Between
Kamais Pius
1st Applicant
Guyo Wako
2nd Applicant
Shinda Boru
3rd Applicant
and
China Communication Company
1st Respondent
Kenya National Highway Authority
2nd Respondent
Ruling
1. This application is dated the 12th day of May, 2021 and seeks orders that: -a.The Honourable Court be pleased to order that the proposed Interested Parties be joined in the suit.b.The costs of this application be provided for.
2. On 15/5/2023, all the opposite parties told the court that they were not opposed to the Interested Parties being enjoined in the suit.
3. In the circumstances, the following orders are issued:a. The Interested Parties are granted leave to join the suit in ELC E001 of 2023 and in ELC E002 of 2023. b. Costs shall be in the cause.
DELIVERED IN OPEN COURT AT ISIOLO THIS 15TH DAY OF MAY, 2023 IN THE PRESENCE OF; -Court assistant: Balozi & RahmaAbdullahi for Interested PartiesKibaara for the 1st defendantMiss Nyasani holding brief for Mugo for the Plaintiff.HON. JUSTICE P.M NJOROGEJUDGE