[2016] KEHC 6358 (KLR)
The court found that Augustine Langat, as the registered proprietor of land parcel Nakuru/Teret/800, has a clear and direct interest in the subject matter of the judicial review proceedings, which seek to quash a decision affecting his land. Since the orders sought would directly impact his proprietary rights, it is...
Source-derived case information.
- Citation
- [2016] KEHC 6358 (KLR)
- Parties
- Applicant: Republic; Respondent: Director of Survey; Applicant: Simon Kiprono Mutai; Interested Party: Augustine Langat
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 39 of 2013
- Procedural Posture
- Judicial Review / Ruling on Application for Joinder as Interested Party
- Outcome
- Application for joinder as interested party allowed.
- Judges
- MA Silau
- Legal Topics
- Joinder of Parties, Judicial Review Procedure, Land Registration, Registry Index Map, Certiorari, Proprietary Interest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Director of Survey
Respondent
Simon Kiprono Mutai
Applicant
Augustine Langat
Interested Party
Procedural Posture
Judicial Review / Ruling on Application for Joinder as Interested Party
Legal Issues
- 1 Whether Augustine Langat should be enjoined as an interested party in the judicial review proceedings.
- 2 Whether the orders sought in the main motion would directly affect the interests of the intended interested party.
Ratio Decidendi
The court found that Augustine Langat, as the registered proprietor of land parcel Nakuru/Teret/800, has a clear and direct interest in the subject matter of the judicial review proceedings, which seek to quash a decision affecting his land. Since the orders sought would directly impact his proprietary rights, it is just and necessary to enjoin him as an interested party to ensure that he is afforded an opportunity to be heard, in accordance with the principles of natural justice and fair hearing. The application for joinder was therefore allowed, and the interested party was granted leave to file an affidavit to support or oppose the main motion within 21 days.
Court Disposition
Application for joinder as interested party allowed.
Orders
- Augustine Langat is enjoined as an interested party to these proceedings.
- Augustine Langat is at liberty to file any affidavit to oppose or support the main motion within 21 days.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
JUDICIAL REVIEW NO. 39 OF 2013
REPUBLIC ……………………….………..…….APPLICANT
VERSUS
DIRECTOR OF SURVEY………….…………..RESPONDENT
Ex-parte
SIMON KIPRONO MUTAI …….……….………APPLICANT
RULING
(Application for joinder as interested party; judicial review motion seeking to cancel a registry index map on allegation that a parcel of land has been illegally imposed on the land of the ex-parte applicant; intended interested party being owner of that land; clear interest shown in the matter; application allowed; interested party granted leave to file an affidavit to support or oppose the motion).
1. The application before me is that dated 7th July 2014. It is an application filed by one Augustine Langat seeking orders that he be enjoined to this suit as an interested party.
2. The suit itself is a judicial review motion seeking orders of Certiorari to quash the decision of the Director of Surveys which is said to have reparcelled the land parcel number Nakuru/Teret/800 and introduced a plot number Nakuru/Teret/800. The case of the applicant is that he is the registered proprietor of the land parcel Nakuru/Teret/433 and he was issued with a title deed sometimes in the year 1997. It is averred that the Director of Surveys has introduced the land parcel Nakuru/Teret/433 into the applicant's land parcel No. 433 and amended the Registry Index Map.
4. In his application to be enjoined to these proceedings, Mr. Augustine Langat has stated that he is the proprietor of the land parcel Nakuru/Teret/800 and that any orders issued herein will greatly affect him.
5. The application is not opposed by either the applicant or the respondent. I have considered the same. It will be observed that in this suit, the ex-parte applicant wants orders that will directly affect the land parcel Nakuru/Teret/800. The owner of the said parcel of land is therefore a proper party to be enjoined so that he may be heard.
6. I therefore allow the application to allow Augustine Langat as interested party to these proceedings. He is also at liberty to file any affidavit to oppose or support the main motion within 21 days. The costs of this application shall be costs in the cause.
7. It is so ordered.
Dated, signed and delivered in open court at Nakuru this 10th day of February 2016.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU
In presence of : -
Mr D.M Gatonye present for ex-parte applicant
No appearance on part of respondent
No appearance on the part of M/s Kiplenge & Kurgat for Interested Party .
CA: Janet
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU