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Zyke Limited v I &M Bank Limited & another; Kibera Development Company Limited (Intended Interested Party) (Environment and Land Case E288 of 2024) [2025] KEELC 7259 (KLR) (21 October 2025) (Ruling)

[2025] KEELC 7259 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
7259
Citation
[2025] KEELC 7259 (KLR)
Decided
21 October 2025
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeChamber Summons ApplicationPostureIntended Interested Party seeks to be joined as an interested party and for orders regarding rental income and costs.CoramJG KEMEI
Holding

The Court grants the application to join the Intended Interested Party as an interested party in the proceedings.

Facts

The Intended Interested Party purchased a property through a public auction conducted by the 1st Defendant. The Plainti initiated a suit to prevent the sale and claims the property was sold below market value. The Intended Interested Party argues it was the highest bidder and should be joined as a party.

Issues

  1. Whether the Intended Interested Party should be joined as an Interested Party in the proceedings herein.
  2. Whether the rental income from the suit premises should be deposited in the Intended Interested Party’s Bank Account.
  3. Whether the Court should grant the alternative prayer sought by the Intended Interested Party/Applicant.
  4. Who should bear the costs of the application.

Reasoning

The Court finds that the Intended Interested Party is the rightful owner of the property and should be joined as a party to ensure a full and fair resolution of the dispute.

Outcome

The application is granted.

Orders

  • The Intended Interested Party is joined as an interested party in the proceedings.
  • The rental income from the suit premises from 19/6/2024 when the Applicant purchased the suit property is to be deposited in the Intended Interested Party’s Bank Account.
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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