Haji & another v Moorhead; Kenya Wildlife Services (Interested Party) (Environment & Land Case 74 of 2019) [2021] KEELC 4787 (KLR) (31 August 2021) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4787
- Citation
- [2021] KEELC 4787 (KLR)
- Decided
- 31 August 2021
The court allows the application to grant KWS leave to be a second defendant and enjoins it from entering, remaining in, constructing, selling or dealing with the suit property.
Facts
Haji and Famau filed a suit against Moorhead alleging trespassing and construction on LR No. 27898 Lamu. Moorhead claimed authority and license from Kenya Wildlife Services (KWS) to operate a tourist recreational facility on Kiwayu Island.
Issues
- Whether KWS is a necessary party to the proceedings
- Validity of KWS's claim to the land
Reasoning
The court finds that KWS's claim to the land is valid and necessary to be heard, as it is a party with a stake in the proceedings and will be affected by the court's decision.
Outcome
KWS is granted leave to be a second defendant and enjoined from entering, remaining in, constructing, selling or dealing with the suit property.
Orders
- KWS granted leave to be a second defendant
- KWS enjoined from entering, remaining in, constructing, selling or dealing with the suit property
Remedies
- Injunction against KWS
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Legal Notice No. 291 of 26th October 1979
Cases cited (3)
- Black's Law Dictionary
- Communications Commission of Kenya & 4 others – vs- Royal Media Services Ltd & 7 others [2014] eKLR
- Mumo Matemo case
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