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Mika Chepkaitany v Kimoi Loiro [2017] KEELC 1734 (KLR)

[2017] KEELC 1734 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
1734
Citation
[2017] KEELC 1734 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for leave to join the suit as an interested partyCoramD. O. OHUNGO
Holding

The application is dismissed with costs to the plaintiff.

Facts

The plaintiff claims to be the registered owner of two specific properties, Kampi Ya Moto/Kampi Ya Moto Block No. 1/983 and Kampi Ya Moto/Kampi Ya Moto Block No. 1/984, and seeks an injunction against the defendant. The applicant seeks to be joined to explain his interest in Kampi Ya Moto/Kampi Ya Moto Block No. 1/16.

Issues

  1. Whether the applicant should be joined as an interested party to explain his interest in Kampi Ya Moto/Kampi Ya Moto Block No. 1/16.
  2. Whether the applicant should be made a defendant or a witness.

Reasoning

The court notes that interested parties in a suit commenced by plaint are not provided for in the rules. The applicant does not state any claim against any party and his explanation is not relevant to the case. The court is not persuaded that the present application should be allowed.

Outcome

Application dismissed

Orders

  • Application for leave to join the suit as an interested party is dismissed with costs to the plaintiff.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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