Paul Kibet Kiplagat & another v Dennis Ashton Nyangiri & another [2020] KEELC 3679 (KLR)
- Court
- Environment & Land Court
- Case number
- 3679
- Citation
- [2020] KEELC 3679 (KLR)
- Decided
- 13 February 2020
The court directs the joinder of the owner of land parcel Njoro/Ngata Block 2/3924 as an interested party in the proceedings and orders the plaintiffs to amend the plaint to include this party within 30 days of the ruling.
Facts
The plaintiffs claim that the 1st defendant had interfered with the boundaries of their land parcels, leading to encroachment. The 2nd defendant was the land surveyor who subdivided the plaintiffs' original land parcel.
Issues
- Trespass on land parcel No. Njoro/Ngata Block 2/3922
- Invalidity of resurvey and marking of new boundaries on plaintiffs' parcel No. 3922
- General damages
Reasoning
The court found that the owner of land parcel Njoro/Ngata Block 2/3924 was a necessary party as his actions could have led to the chain of events that resulted in the suit.
Outcome
The plaintiffs are ordered to amend the plaint to include the owner of land parcel Njoro/Ngata Block 2/3924 as an interested party within 30 days of the ruling.
Orders
- Joinder of the owner of land parcel Njoro/Ngata Block 2/3924 as an interested party
- Amendment of the plaint to include the owner of land parcel Njoro/Ngata Block 2/3924 as an interested party within 30 days of the ruling
- Service of the interested party with the pleadings and liberty to file their pleadings within 21 days of service
Remedies
- Amendment of the plaint to include the owner of land parcel Njoro/Ngata Block 2/3924 as an interested party
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