[2019] KEELC 2618 (KLR)
The court found that the proposed interested party, Botoret Farmers Group, demonstrated a sufficient interest in the subject matter of the suit, namely the ownership and entitlement to land parcel Narok/Cis Mara/Olololunga/360. The applicant's claim that the Defendant is not a bona fide member or official of the...
Source-derived case information.
- Citation
- [2019] KEELC 2618 (KLR)
- Parties
- Plaintiff: Titame Ole Sankei; Defendant: Johnson Kiptumai Cheruiyot; Applicant: Botoret Farmers Group (proposed by Humjoli Kebenei Aruasa)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Narok
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 270 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Joinder of Interested Party
- Outcome
- application allowed
- Judges
- MN Kullow
- Legal Topics
- Joinder of Parties, Interested Party Application, Land Ownership Dispute, Title to Land
- 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
Titame Ole Sankei
Plaintiff
Johnson Kiptumai Cheruiyot
Defendant
Botoret Farmers Group (proposed by Humjoli Kebenei Aruasa)
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Application for Joinder of Interested Party
Legal Issues
- 1 Whether the proposed interested party should be enjoined in the suit as an interested party.
- 2 Whether the defendant is an imposter in the Botoret Farmers Group and lacks standing regarding the disputed land.
- 3 Whether the joinder would prejudice any party or serve the interests of justice.
Ratio Decidendi
The court found that the proposed interested party, Botoret Farmers Group, demonstrated a sufficient interest in the subject matter of the suit, namely the ownership and entitlement to land parcel Narok/Cis Mara/Olololunga/360. The applicant's claim that the Defendant is not a bona fide member or official of the group and that the group is the rightful owner of the land was central to the dispute. The court determined that enjoining the applicant would not prejudice the existing parties and would serve the interests of justice by allowing all parties with a legitimate stake in the dispute to participate. The contradictions raised by the Defendant regarding registration and consent dates...
Court Disposition
application allowed
Orders
- The proposed interested party, Botoret Farmers Group, is enjoined in the suit as an interested party.
- Costs in the cause.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAROK
ELC CAUSE NO. 270 OF 2017
FORMERLY NAKURU ELC CAUSE NO. 62 OF 2012
TITAME OLE SANKEI......................................................PLAINTIFF
-VERSUS-
JOHNSON KIPTUMAI CHERUIYOT..........................DEFENDANT
RULING ON AN APPLICATION DATED 15TH NOVEMBER, 2017
RULING
By an application dated 15th November, 2017 brought under section 1A,1B,3A and order 3 Rule (5) and order 51 Rule 1 of the Civil Procedure Rules the proposed Interested party sought for orders to be enjoined in the suit herein as an interested party. The Application is based on the grounds that the Defendant/Respondent in the matter herein is an imposter in the Botoret Framers group and that the Applicants herein as the bonafide officials are the owners of land parcel No. Narok/Cis Mara/Olololunga/360 and that contrary to the allegations by the Defendant they never bought any land Narok/Cis Mara/Olololunga/97 but bought parcel No. Narok/Cis Mara/Olololunga/360 from one Samuel Soitanae Koriata.
The Application was further supported by the Affidavit of Humjoli Kebenei Aruasa which he depones that he brought the same as an official of Botoret Farmers Group and that the Group is the owner of Land Parcel Narok/Cis Mara/Olololunga/360 having produced the same. He states that the Defendant/Respondent is not an official of the group and hence an imposter and has not bought any land as a member of the group and if they are enjoined in the suit he shall suffer no prejudice.
The Application was opposed by the Defendant/respondent who filed a replying affidavit. He states that the Applicants are out to mislead the court and accused them as brokers, inciters and mere busy bodies who are out to frustrate the group from setting the land that they purchased from the plaintiff. He avers that the date of the registration of the group was on 8th July, 2009 and they purport to have obtained consent to transfer the land on 10th November, 1987 and have a number of other contradictions and hence to effectively defence the issues that are paramount in the matter and it shall serve the interest of justice for the interested party to be enjoined in the suit.
For the above reasons, I will allow the application dated 15th November, 2017 and order that the proposed interested party be enjoined in the suits.
Costs in the cause.
DATED, SIGNED and DELIVERED in open court atNAROKon this5thday of July, 2019
Mohammed Noor Kullow
Judge
5/7/19
In the presence of:-
Mr Kilele for Kiplangat for the plaintiff
N/A for the defendant
CA:Chuma
Mohammed Noor Kullow
Judge
5/7/19