[2023] KEELC 22242 (KLR)
The court found that the substantive application to compel the Land Registrar to determine the boundary had already been allowed, and the only matter pending was the receipt of the Land Registrar's report. Since there was no substantive issue left for adjudication, the Applicant's joinder would not assist the court...
Source-derived case information.
- Citation
- [2023] KEELC 22242 (KLR)
- Parties
- Applicant: Republic; Respondent: Land Registrar, Uasin Gishu County; Applicant: Esther Jepchumba Ngetuny; Interested Party: John Marimoi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case Judicial Review Application E002 of 2023
- Procedural Posture
- Judicial Review Application / Ruling on Application for Joinder of Party
- Outcome
- application for joinder dismissed with costs to the ex-parte applicant/respondent
- Judges
- EO Obaga
- Legal Topics
- Joinder of Parties, Judicial Review, Land Boundary Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Land Registrar, Uasin Gishu County
Respondent
Esther Jepchumba Ngetuny
Applicant
John Marimoi
Interested Party
Procedural Posture
Judicial Review Application / Ruling on Application for Joinder of Party
Legal Issues
- 1 Whether the Applicant should be joined as an interested party in proceedings where substantive orders have already been granted.
- 2 Whether there is any pending issue before the court to warrant the Applicant's joinder.
Ratio Decidendi
The court found that the substantive application to compel the Land Registrar to determine the boundary had already been allowed, and the only matter pending was the receipt of the Land Registrar's report. Since there was no substantive issue left for adjudication, the Applicant's joinder would not assist the court in effectually or completely resolving any dispute. Therefore, the application for joinder was dismissed as there was nothing further for the Applicant to contribute to the already determined matter.
Court Disposition
application for joinder dismissed with costs to the ex-parte applicant/respondent
Orders
- The Applicant's application for joinder is dismissed.
- Costs awarded to the Ex-parte Applicant/Respondent.
Full Case Text
Judgment text and source record
27 paragraphs
Republic v Land Registrar, Uasin Gishu County; Ngetuny (Exparte Applicant); Marimoi (Interested Party) (Environment and Land Case Judicial Review Application E002 of 2023) [2023] KEELC 22242 (KLR) (7 December 2023) (Ruling)
Neutral citation: [2023] KEELC 22242 (KLR)
Republic of Kenya
In the Environment and Land Court at Eldoret
Environment and Land Case Judicial Review Application E002 of 2023
EO Obaga, J
December 7, 2023
IN THE MATTER OF AN APPLICATION FOR ORDER OF JUDICIAL REVIEW AND IN THE MATTER OF AN APPLICATION UNDER ORDER 53 RULE 31 OF THE CIVIL PROCEDURE RULES AND SECTION 8 AND 9 OF THE LAW REFORMS ACT AND IN THE MATTER OF SECTIONS 18 & 19 OF LAND REGISTRATION ACT NO. 3 OF 2012 AND IN THE MATTER OF AN APPLICATION FOR THE ORDERS OF MANDAMUS AGAINST THE LAND REGISTRAR, COUNTY GOVERNMENT OF UASIN GISHU
Between
Republic
Applicant
and
Land Registrar, Uasin Gishu County
Respondent
and
Esther Jepchumba Ngetuny
Exparte Applicant
and
John Marimoi
Interested Party
Ruling
1. This is a ruling in respect of a notice of motion dated 1. 11. 2023 in which proposed 2nd Interested party/Applicant is seeking to be joined in these proceedings. The Applicant contends that she purchased part of the 1st Interested party’s land. she states that her joinder will assist the court to dispense justice.
2. The Applicant’s application was opposed by the Ex-parte/Respondent based on a replying affidavit filed on 16. 11. 2023. The Respondent contends that joinder of the Applicant will add no value in this case where the orders sought have already been granted and there is nothing remaining for the court to determine.
3. I have considered the Applicant’s application as well as the opposition to the same by the Respondent. The only issue for determination is whether the Applicant should be joined in these proceedings. The Respondent filed an application seeking to compel the Land Registrar to establish the boundary between her land and the neighbouring parcels. This application was served upon all parties but on the hearing date, no response had been filed. The application was allowed as prayed. The court is only awaiting a report from the Land Registrar on determination of the boundary dispute.
4. The purpose of joinder of a party is to assist the court to effectually and completely adjudicate on the dispute before it. In the instant case, there is nothing pending determination by the court save for receiving the report of the resolution of the boundary dispute between the parties. There is therefore nothing which the Applicant can add into this matter which has already been determined through the Court’s ruling of 1. 11. 2023. I proceed to dismiss the Applicant’s application with costs to the Exparte Applicant/Respondent.
It is so ordered.
DATED, SIGNED AND DELIVERED AT ELDORET ON THIS 7TH DAY OF DECEMBER, 2023. E. O. OBAGAJUDGEIn the virtual presence of;Mr. Mwetich for Ex-parte Applicant.M/s Kosgei for 1st Interested party.Court Assistant - LabanE. O. OBAGAJUDGE7THDECEMBER, 2023