[2023] KEELC 20026 (KLR)
The court found that the Kenya National Highways Authority's participation as a defendant is necessary for the effective determination of the issues relating to the suit property, particularly given its assertion of interests in the transport corridor and road reserve. The court exercised its discretion under Order...
Source-derived case information.
- Citation
- [2023] KEELC 20026 (KLR)
- Parties
- Plaintiff: Badi Ali Sheobo; Defendant: Harshiv Autospares Hardware & Suppliers Limited; Defendant: County Government of Nairobi; Interested Party: Kenya National Highways Authority; Interested Party: Chief Registrar Ministry of Lands; Interested Party: National Land Commission
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E192 of 2022
- Procedural Posture
- Notice of Motion Application / Ruling on Joinder Application
- Outcome
- application allowed
- Judges
- LN Mbugua
- Legal Topics
- Joinder of Parties, Amendment of Pleadings, Road Reserves, Interested Party Participation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Badi Ali Sheobo
Plaintiff
Harshiv Autospares Hardware & Suppliers Limited
Defendant
County Government of Nairobi
Defendant
Kenya National Highways Authority
Interested Party
Chief Registrar Ministry of Lands
Interested Party
National Land Commission
Interested Party
Procedural Posture
Notice of Motion Application / Ruling on Joinder Application
Legal Issues
- 1 Whether the Kenya National Highways Authority should be joined as a defendant to enable it file a defence and counterclaim.
- 2 Whether the amendment of pleadings is necessary to allow substantive participation by the applicant.
- 3 Whether the application for joinder meets the requirements under Order 1 rule 10 of the Civil Procedure Rules.
Ratio Decidendi
The court found that the Kenya National Highways Authority's participation as a defendant is necessary for the effective determination of the issues relating to the suit property, particularly given its assertion of interests in the transport corridor and road reserve. The court exercised its discretion under Order 1 rule 10 of the Civil Procedure Rules to allow the joinder and amendment of pleadings, holding that this would enable all parties to present their substantive claims and defences, and facilitate a just resolution of the dispute. The application was therefore allowed, with directions for the plaintiff to amend pleadings and for all parties to file and serve their respective...
Court Disposition
application allowed
Orders
- The Kenya National Highways Authority is joined as the 3rd defendant.
- The plaintiff shall amend his pleadings within 14 days of the ruling.
Full Case Text
Judgment text and source record
29 paragraphs
Sheobo v Hardware & Suppliers Limited & another; Kenya National Highways Authority & 2 others (Interested Parties) (Environment & Land Case E192 of 2022) [2023] KEELC 20026 (KLR) (21 September 2023) (Ruling)
Neutral citation: [2023] KEELC 20026 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case E192 of 2022
LN Mbugua, J
September 21, 2023
Between
Badi Ali Sheobo
Plaintiff
and
Harshiv Autospares Hardware & Suppliers Limited
1st Defendant
County Government of Nairobi
2nd Defendant
and
Kenya National Highways Authority
Interested Party
Chief Registrar Ministry of Lands
Interested Party
National Land Commisison
Interested Party
Ruling
1. Before me is a Notice of Motion Application dated March 31, 2023 brought forth by the 1st Interested Party (Kenya National Highways, Authority) who are seeking orders to be joined in these proceedings as the 3rd defendants to enable them file a defence and a counterclaim, upon the amendment of the plaint. The application is premised on grounds on the face of the application and on the Supporting Affidavit of one Micah Muendo, its Assistant Director, Mapping and Survey. They contend that there is a transport corridor abutting the suit property; that there were no private properties and or developments on the location in question and no permissions were ever given by the government for any developments on the road reserve.
2. The 1st Interested Party avers that they can only effectively participate in the proceedings if they are defendant in the suit.
3. A Replying Affidavit dated May 16, 2023 has been sworn by one Harji Kerai who introduces himself as a director of the 1st Respondent. They are in support of the application dated March 31, 2023. No other documents have been filed for or against the application.
4. I find that in the ruling of December 8, 2022, the court allowed the application of the 1st defendant to join the current applicant in these proceedings as an Interested Party. The applicant now desires to file substantive pleadings to enable them shed light on the nature of rights and interests relating to the suit property.
5. Pursuant to the provisions of Order 1 rule 10 of the Civil Procedure Rules, I find that the application dated March 31, 2023 is merited. The same is hereby allowed with no orders as to costs. The plaintiff is to amend his pleadings accordingly within a period of 14 days of which the defendants and Interested Parties are to file and serve their defences/statement of claims within 28 days from the date of delivery of this ruling.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 21st DAY OF SEPTEMBER, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGE