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David Keli Kiilu & another v Masinde Muliro University of Science and Techonology & 11 others; County Government of Kakamega (Interested Party) [2021] KEELC 3963 (KLR)

[2021] KEELC 3963 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
3963
Citation
[2021] KEELC 3963 (KLR)
Decided
23 March 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand SuitPostureApplication for Enjoining Interested PartyCoramN.A. MATHEKA
Holding

The application is merited and granted.

Facts

Plaintiffs claim 5 acres of land allocated to the intended interested party by the President in 2010. The intended interested party seeks to enforce their claim through this suit.

Issues

  1. Whether the intended interested party should be enjoined as an interested party in the suit.
  2. Whether the application is merited and should be granted.

Reasoning

The court finds that the presence of the intended interested party is necessary to enable the court determine the issues effectively and completely. The court grants the application.

Outcome

Application granted.

Orders

  • The County Government of Kakamega be enjoined in this suit as interested party.
  • The plaintiff and all relevant pleadings to this suit be served upon the enjoined intended interested party to Enter Appearance and respond to the suit accordingly.
  • The costs of this application be provided for.

Authorities cited

Legislation (1)
  • Civil Procedure Rules Cap 21 Laws of Kenya
Cases cited (3)
  • Skov Estate Limited & 5 others v Agricultural Development Corporation & another (2015) eKLR
  • Judicial Service Commission vs Speaker of the National Assembly & Another (2013) eKLR
  • Civicon Limited vs Kivuwatt Limited & 2 Others (2015) eKLR
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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