Charles Lekeriyo v Telkom Kenya Limited & another [2021] KEELC 2401 (KLR)
- Court
- Environment & Land Court
- Case number
- 2401
- Citation
- [2021] KEELC 2401 (KLR)
- Decided
- 8 July 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a decision of the Environment and Land CourtCoramY. M. ANGIMA, Devlin, KLR Havelock
Holding
The court denied the 1st Defendant's application to join the County Government of Samburu and the Chief Land Registrar Samburu as necessary parties to the suit.
Facts
The Plaintiff, Charles Lekeriyo, claimed that Telkom Kenya Limited and Safaricom Public Limited Company had trespassed on his land by installing telecommunication equipment and constructing an access road without his consent. The 1st Defendant sought to join the County Government of Samburu and the Chief Land Registrar Samburu as necessary parties to the suit.
Issues
- Whether the 1st Defendant has made out a case for joinder of the intended 3rd and 4th Defendants in the suit.
- Whether the plaint should be amended and amended summons issued to the new intended Defendants.
- Who shall bear costs of the application.
Reasoning
The court found that the 1st Defendant had not made a case for the joinder of the intended 3rd and 4th Defendants, and thus denied the application.
Outcome
The 1st Defendant's application was denied.
Orders
- The court denied the 1st Defendant's application to join the County Government of Samburu and the Chief Land Registrar Samburu as necessary parties to the suit.
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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