[2025] KEELC 3121 (KLR)
The court held that it would be improper to determine the pending application dated 20/8/2024 before first deciding whether Ecobank Kenya Limited should be joined as an interested party. This is to ensure that all parties who may be affected by the outcome are given an opportunity to be heard, in line with the...
Source-derived case information.
- Citation
- [2025] KEELC 3121 (KLR)
- Parties
- Plaintiff: Asha Kamene Salim; Defendant: Petro Soko (K) Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E085 of 2024
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Application; Pending Joinder Application Determination
- Outcome
- Ruling on the main application deferred pending determination of joinder application.
- Judges
- FM Njoroge
- Legal Topics
- Joinder of Parties, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Asha Kamene Salim
Plaintiff
Petro Soko (K) Limited
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Application; Pending Joinder Application Determination
Legal Issues
- 1 Whether Ecobank Kenya Limited should be joined as an interested party to the suit.
- 2 Whether it is proper to determine the pending application dated 20/8/2024 before resolving the joinder application.
Ratio Decidendi
The court held that it would be improper to determine the pending application dated 20/8/2024 before first deciding whether Ecobank Kenya Limited should be joined as an interested party. This is to ensure that all parties who may be affected by the outcome are given an opportunity to be heard, in line with the principles of natural justice and fair hearing. The court therefore directed that Ecobank's application be served on all parties and that directions on the pending application would be issued after the joinder application is addressed.
Court Disposition
Ruling on the main application deferred pending determination of joinder application.
Orders
- Ecobank Kenya Limited's application to be served on all parties.
- Matter to be mentioned for directions after service of the joinder application.
Full Case Text
Judgment text and source record
16 paragraphs
Salim v Petro Soko (K) Limited (Environment & Land Case E085 of 2024) [2025] KEELC 3121 (KLR) (3 April 2025) (Ruling)
Neutral citation: [2025] KEELC 3121 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Environment & Land Case E085 of 2024
FM Njoroge, J
April 3, 2025
Between
Asha Kamene Salim
Plaintiff
and
Petro Soko (K) Limited
Defendant
Ruling
1. The ruling on an application dated 20th August 2024 was scheduled for today, 3rd April 2025. While all parties had filed and served their submissions on that application, an application dated 12/3/2025 was filed by Ecobank Kenya Ltd seeking to be made an Interested Party to the present suit. In the light of the provisions of Order 50 Rule 1 of the Constitution of Kenya 2010, this court considered that it would be improper for the first application to be heard and determined without the determination of whether Ecobank Kenya Limited should be made a party to the present suit. Consequently, this court made orders that Ecobank’s application be served on all parties and that it be mentioned on 3/4/2025 for further directions. The upshot of the foregoing is that in the interests of justice, the directions on the ruling on the application dated 20/8/2024 shall be issued during the mention that will be held later today in this matter.
DATED, SIGNED AND DELIVERED AT MALINDI VIA ELECTRONIC MAIL ON THIS 3RD DAY OF APRIL 2025. MWANGI NJOROGEJUDGE, ELC, MALINDI.