[2018] KEELC 1901 (KLR)
The court found that the proposed Interested Party, Beatrice Muthoni Kanake, demonstrated a substantial stake in the outcome of the suit as she owns land that may be affected by the court's decision. Her exclusion would deny her the right to be heard on matters directly impacting her property. Since the application...
Source-derived case information.
- Citation
- [2018] KEELC 1901 (KLR)
- Parties
- Plaintiff: Sarah Kathini Kamunyu; Defendant: Makunyi Rwanda; Defendant: Kathiiri Makunyi; Applicant: Beatrice Muthoni Kanake
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 66 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Joinder of Interested Party
- Outcome
- application allowed
- Legal Topics
- Joinder of Parties, Interested Party Rights, Land Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sarah Kathini Kamunyu
Plaintiff
Makunyi Rwanda
Defendant
Kathiiri Makunyi
Defendant
Beatrice Muthoni Kanake
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Application for Joinder of Interested Party
Legal Issues
- 1 Whether the proposed Interested Party should be joined to the suit as she claims a substantial stake in the subject property.
- 2 Whether the inclusion of the Interested Party would prejudice the existing parties or aid in the just resolution of the dispute.
Ratio Decidendi
The court found that the proposed Interested Party, Beatrice Muthoni Kanake, demonstrated a substantial stake in the outcome of the suit as she owns land that may be affected by the court's decision. Her exclusion would deny her the right to be heard on matters directly impacting her property. Since the application was unopposed and her inclusion would not prejudice the existing parties, the court exercised its discretion to allow the joinder, ensuring all parties with an interest in the subject matter are before the court for a comprehensive and just determination.
Court Disposition
application allowed
Orders
- The proposed Interested Party, Beatrice Muthoni Kanake, is joined to the suit.
- The Interested Party is allowed to voice her concerns before any further step is taken in the matter.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO 66 OF 2017
FORMERLY MERU ELC CASE NO. 188 OF 2016
SARAH KATHINI KAMUNYU.......................................................PLAINTIFF
VERSUS
MAKUNYI RWANDA.............................................................1ST DEFENDANT
KATHIIRI MAKUNYI............................................................2ND DEFENDANT
AND
BEATRICE MUTHONI KANAKE.........PROPOSED INTERESTED PARTY
RULING
1. This application is dated 28th August, 2018 and seeks the following orders:
1. That the honourable court be pleased to order the proposed Interested Party be joined to this suit herein.
2. That subsequently, this honourable court be pleased to allow the proposed Interested Party to voice her concerns before any further step is taken in the matter.
3. That the costs of this application be provided for.
2. It has the following grounds:
a. That the proposed Interested Party has a substantial stake in the outcome of this suit due to the fact that she owns parcel No. 3137 which will be greatly affected and/or will have a direct bearing depending on the final resolution of this case by the honourable court.
b. That the proposed Interested Party was not a party to the conclusion that the subject suit lands all lose a portion so as to shoulder the interests of the plaintiff thus the need to be added to this suit and have their sentiments voiced.
c. That going by the surveyors report and recommendations, the proposed Interested Party stands to lose a lot in a case which she has not been made a party to or be given a chance to be heard a thing that will be detrimental not only to herself but her family as a whole.
d. That the proposed Interested Party’s desires is to be heard together with the current defendants and cannot be heard unless or until she has been joined as a party to the suit.
e. That the proposed Interested Party ought to be protected by this honourable court from any orders that may be made that will affect the proposed Interested Party’s claim to the suit property in question.
f. That the inclusion of the proposed Interested Party to this suit at this stage shall in no way prejudice either of the parties whatsoever save to add that the same shall help in the quick and just expedition of this suit.
g. That it is just and reasonable to grant the orders sought.
3. During interpartes hearing on 25th September, 2018, it transpired that the application was not opposed.
4. In the circumstances, the application is allowed.
5. Costs shall be in the cause.
6. It is so ordered
Delivered in Open Court at Chuka this 25th day of September, 2018 in the presence of:
CA: Ndegwa
Murango Mwenda for the plaintiff
Makunyi Rwanda – 1st Defendant
Kathiiri Makunyi – 2nd defendant
Ashava for the Interested Party
P. M. NJOROGE,
JUDGE.