Jubat v Laton & 5 others; Obunga (Proposed Interested Party) (Civil Appeal (Application) E063 of 2023) [2024] KECA 68 (KLR) (2 February 2024) (Ruling)

Facts

The applicant, Zephaniah Obunga, sought to be enjoined as an interested party in Nakuru Civil Appeal No. E063 of 2023, an appeal arising from the judgment of Environment and Land Court (E&LC) at Kilgoris in E&LC No. 26 of 2021. The E&LC nullified and cancelled the title to the property known as Transmara/Enaenyieny/672, which the applicant claims he is the sole registered owner of.

Issues

1. Whether the applicant has a sufficient stake, interest, and relevance in the pending appeal.
2. Whether the applicant should be allowed to be joined as an interested party in the appeal to protect his constitutional rights and avoid violation of the rules of natural justice.

Reasoning

The applicant has established his stake, interest, and relevance in the appeal. The court finds that admitting the applicant as an interested party is in consonance with the objectives of joinder of parties, including ensuring complete settlement of all questions involved in the dispute and protecting the rights of a party who would otherwise be adversely affected in law.

Outcome

The application is allowed.