Erick Kibiwott Tarus & 51 others v Attorney General & 3 others; Estate of Nyongio Kimitei (Proposed Respondent/ Applicant) [2021] KEELC 3254 (KLR)
- Court
- Environment & Land Court
- Case number
- 3254
- Citation
- [2021] KEELC 3254 (KLR)
- Decided
- 28 April 2021
The court granted the application for joinder, finding that the applicant has an identifiable interest in the suit land and that the presence of the applicant is necessary to aid the court in determining the issues in the case.
Facts
The petitioners seek to have the Estate of the late Nyongio Kimitei and the Administrator of the said Estate enjoined from the petition, arguing that the outcome of the petition will affect the estate. The applicant has an identifiable interest in the suit land.
Issues
- Whether the applicant should be joined as a respondent in the petition
- Whether the court should grant leave to the applicant to file a response or reply to the petition
Reasoning
The court applied Order 1 Rule 10(2) of the Civil Procedure Rules, which gives the court power to enjoin a party whose presence is necessary to enable the court to effectively adjudicate upon the case. The court considered the interest of justice and the necessity of the applicant's presence.
Outcome
The court granted the application for joinder.
Orders
- Enjoining the applicant as a respondent in the petition
- Granting leave to the applicant to file a response or reply to the petition
- Awarding costs of the application
Remedies
- Enjoining the applicant as a respondent in the petition
- Granting leave to the applicant to file a response or reply to the petition
Authorities cited
Legislation (2)
- Civil Procedure Rules, 2012
- Order 1 Rule 10 of the Civil Procedure Rules
Cases cited (3)
- LUCY NUNGARI NGIGI & 128 OTHERS V NATIONAL BANK OF KENYA LIMITED & ANOTHER [2015] eKLR
- CIVICON LIMITED V. KIVUWATT LIMITED & 2 OTHERS [2015] eKLR
- PETER GICHUKI KING’ARA V INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION & 2 OTHERS (2014) eKLR
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