Panchal & another v National Land Commission & 9 others (Environment & Land Case 97 of 2021) [2024] KEELC 5011 (KLR) (15 February 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 5011
- Citation
- [2024] KEELC 5011 (KLR)
- Decided
- 15 February 2024
The court dismisses the application to enjoin the proposed interested parties as they have not met the criteria set out in the law.
Facts
The plaintiffs, Panchal and Gachinga, seek to enjoin interested parties in a land dispute case against the National Land Commission and other defendants. The plaintiffs claim that Raphael Daktari Mbati and M/s Guriro Limited have a stake in the suit property and should be joined as interested parties.
Issues
- Whether the intended interested parties should be enjoined in the case.
- Whether the proposed interested parties have met the criteria for enjoining them as interested parties.
Reasoning
The court found that the proposed interested parties have not demonstrated a clear personal interest or stake in the matter, and that their interests are not proximate to the proceedings. Additionally, the court found that the proposed interested parties have not provided sufficient grounds for enjoining them.
Outcome
The application is dismissed.
Orders
- The application to enjoin the proposed interested parties is dismissed.
Authorities cited
Legislation (4)
- Civil Procedure Rules
- Constitution of Kenya
- Civil Procedure Act
- Registered Land Act
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