[2022] KEELC 3102 (KLR)

[2022] KEELC 3102 (KLR)

The court found that the application for appointment of Rahoi Abdi as guardian ad litem for the 8th plaintiff, Barre Abdi Hayle, and for substitution of the 8th plaintiff with the applicant was not opposed by any party. The court exercised its discretion under the Civil Procedure Rules to allow the application,...

Source-derived case information.

Citation
[2022] KEELC 3102 (KLR)
Parties
Plaintiff: Saadia Abdulahi Sharif; Plaintiff: Taramoe Aungong; Plaintiff: Alidoo Kuya; Plaintiff: Ahmed Sahrif Mohamed; Plaintiff: Hussein Billow Osman; Plaintiff: Mahamud Ahmed Osmar; Plaintiff: Mohamud Shiekh Ibrahim; Plaintiff: Barre Abdi Hayle; Plaintiff: Amina Hassan Gele; Plaintiff: Abdi Aden; Plaintiff: Mohamed Sharif Ahmed; Defendant: Anthony Kimemia alias Timothy Karuga Kimemia; Defendant: County Government of Isiolo Isiolo County Chief Executive; Defendant: Officer In-Charge of Lands; Defendant: County Physical Planner Isiolo; Defendant: County Surveyor – Isiolo; Defendant: National Land Commission; Defendant: Attorney General
Court
Environment and Land Court
Court Station
Environment and Land Court at Isiolo
Jurisdiction
Kenya
Case Number
Environment & Land Case E009 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Appointment and Substitution of Guardian Ad Litem
Outcome
Application allowed as prayed. Costs in the cause.
Judges
PM Njoroge
Legal Topics
Guardian Ad Litem Appointment, Party Substitution, Interlocutory Applications, Costs in the Cause
Source Language
en
Civil Procedure Land and Property Guardian Ad Litem Appointment Party Substitution Interlocutory Applications Costs in the Cause

Source-derived case record

Summary, issues, holding and outcome

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Parties

Saadia Abdulahi Sharif

Plaintiff

Taramoe Aungong

Plaintiff

Alidoo Kuya

Plaintiff

Ahmed Sahrif Mohamed

Plaintiff

Hussein Billow Osman

Plaintiff

Mahamud Ahmed Osmar

Plaintiff

Mohamud Shiekh Ibrahim

Plaintiff

Barre Abdi Hayle

Plaintiff

Amina Hassan Gele

Plaintiff

Abdi Aden

Plaintiff

Mohamed Sharif Ahmed

Plaintiff

Anthony Kimemia alias Timothy Karuga Kimemia

Defendant

County Government of Isiolo Isiolo County Chief Executive

Defendant

Officer In-Charge of Lands

Defendant

County Physical Planner Isiolo

Defendant

County Surveyor – Isiolo

Defendant

National Land Commission

Defendant

Attorney General

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Interlocutory Application for Appointment and Substitution of Guardian Ad Litem

Legal Issues

  1. 1 Whether Rahoi Abdi should be appointed as guardian ad litem for the 8th plaintiff Barre Abdi Hayle.
  2. 2 Whether the 8th plaintiff should be substituted with the applicant for purposes of conducting the suit.
  3. 3 Who should bear the costs of the application.

Ratio Decidendi

The court found that the application for appointment of Rahoi Abdi as guardian ad litem for the 8th plaintiff, Barre Abdi Hayle, and for substitution of the 8th plaintiff with the applicant was not opposed by any party. The court exercised its discretion under the Civil Procedure Rules to allow the application, finding that the orders sought were procedural, justified, and necessary for the fair conduct of the suit. The court further directed that costs of the application be in the cause, meaning they would be determined at the conclusion of the main suit. The court also set a date for parties to appear for further directions.

Court Disposition

Application allowed as prayed. Costs in the cause.

Orders

  • Rahoi Abdi is appointed as guardian ad litem for the 8th plaintiff, Barre Abdi Hayle, for purposes of conducting this suit.
  • The 8th plaintiff is substituted with the applicant.