[2023] KEELC 16295 (KLR)
The court found that Paul Kipkurui Bii had not demonstrated any direct legal interest in the suit property and therefore did not meet the threshold for joinder as an interested party. The court further held that it could not issue orders against Nakuru War Memorial Hospital Management and Aga Khan Hospital...
Source-derived case information.
- Citation
- [2023] KEELC 16295 (KLR)
- Parties
- Applicant: Peter H Tenna; Applicant: Wycliffe Winston Waita; Respondent: Nakuru County Land Registrar; Respondent: Nakuru County Land Surveyor; Respondent: Nakuru County Land Control Board Chairman; Respondent: The Commissioner of Lands; Respondent: Attorney General; Interested Party: Paul Kipkurui Bii
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E16 of 2022
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Applications
- Outcome
- Both applications dismissed; no orders as to costs; matter set for mention for directions.
- Judges
- A Ombwayo
- Legal Topics
- Joinder of Parties, Interlocutory Applications, Orders Against Non Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Peter H Tenna
Applicant
Wycliffe Winston Waita
Applicant
Nakuru County Land Registrar
Respondent
Nakuru County Land Surveyor
Respondent
Nakuru County Land Control Board Chairman
Respondent
The Commissioner of Lands
Respondent
Attorney General
Respondent
Paul Kipkurui Bii
Interested Party
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Applications
Legal Issues
- 1 Whether Paul Kipkurui Bii should be enjoined as an interested party in the suit.
- 2 Whether the court can issue orders against Nakuru War Memorial Hospital Management and Aga Khan Hospital Management, who are not parties to the suit.
Ratio Decidendi
The court found that Paul Kipkurui Bii had not demonstrated any direct legal interest in the suit property and therefore did not meet the threshold for joinder as an interested party. The court further held that it could not issue orders against Nakuru War Memorial Hospital Management and Aga Khan Hospital Management as they were not parties to the suit. Both applications were dismissed as lacking merit, with no orders as to costs. The matter was set for mention for further directions.
Court Disposition
Both applications dismissed; no orders as to costs; matter set for mention for directions.
Orders
- Application by Paul Kipkurui Bii to be enjoined as interested party is dismissed with no order as to costs.
- Application by Peter H Tenna and Wycliffe Winston Waita for orders against Nakuru War Memorial Hospital Management and Aga Khan Hospital Management is dismissed with no order as to costs.
Full Case Text
Judgment text and source record
32 paragraphs
Tenna & another v Nakuru County Land Registrar & 4 others; Bii (Interested Party) (Environment & Land Case E16 of 2022) [2023] KEELC 16295 (KLR) (16 March 2023) (Ruling)
Neutral citation: [2023] KEELC 16295 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment & Land Case E16 of 2022
A Ombwayo, J
March 16, 2023
Between
Peter H Tenna
1st Applicant
Wycliffe Winston Waita
2nd Applicant
and
Nakuru County Land Registrar
1st Respondent
Nakuru County Land Surveyor
2nd Respondent
Nakuru County Land Control Board Chairman
3rd Respondent
The Commissioner of Lands
4th Respondent
Attorney General
5th Respondent
and
Paul Kipkurui Bii
Interested Party
Ruling
1. Before me are two applications; one dated February 8, 2023 and another one dated February 21, 2023. In the one dated February 8, 2023, the applicant is Paul Kipkurui Bii who seeks to be enjoined in the suit as an interested party to shed more light on new evolving crucial tangible information to enable the court to make a fair determination of the matter.
2. Though the application is not opposed, the applicant has not demonstrated any interest in the suit property other than knowledge of some events. The applicant has no claim in the property but intends to give the court some very important facts.
3. I do find, the application not merited as the applicant can come to court as a witness and therefore the same is dismissed with no order as to the costs.
4. In the application dated February 21, 2023, the applicants are Peter H Tenna and Wycliffe Winston Waita who seek that the court issues orders Nakuru War Memorial Hospital Management and the Aga Khan Hospital Management to hand over certificate of original Medical report notification of death, police report cremation report and mortuary disposal clearance for the deceased remains from their health facilities after February 16, 2023 and that the court to enhance the orders of April 1, 2022 on this application. I have perused the file and do not see the order enjoining Nakuru War Memorial Hospital Management and the Aga Khan Hospital Management into the matter and therefore I can’t issue orders against them hence the application is equally dismissed with no orders as to costs. This matter be mentioned on March 23, 2023 for directions. The applicant to serve the parties.
RULING DATED, SIGNED AND DELIVERED VIA EMAIL AT NAKURU THIS 16TH DAY OF MARCH 2023. A O OMBWAYOJUDGE