Ololgolimot & another v Njoroge (Environment & Land Case 238 of 2013) [2025] KEELC 612 (KLR) (14 February 2025) (Ruling)

Facts

The applicants are seeking an injunction and a temporary stay of execution proceedings against the defendant, who is the registered owner of land parcel CIS-Mara/Enabelbel/Enengetia/279. The applicants claim that 3rd and 4th applicants (intended interested parties) are also registered proprietors of land parcel CIS-Mara/Enabelbel/Enengetia/970, but they do not have any evidence of such ownership.

Issues

1. joinder of interested parties
2. set aside of previous judgment
3. temporary stay of execution proceedings

Reasoning

The court found that the prejudice to the intended interested parties in the absence of joinder must be demonstrated and outlined in clear particulars. The previous judgment was entered by consent and the defendant's attempts to set it aside were unsuccessful.

Outcome

The court ordered the defendant to voluntarily transfer the land to the plaintiff.