Kisuse v Gwerenya; Yusuf & another (Intended Interested Party) (Environment and Land Case 82 of 2021) [2026] KEELC 129 (KLR) (20 January 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 129
- Citation
- [2026] KEELC 129 (KLR)
- Decided
- 20 January 2026
The court held that the application meets the threshold for joinder of parties and that the Chamber Summons application has merit.
Facts
Mariam Bakari Kisuse filed a Chamber Summons application seeking to join Abdalla Yusuf and Mwinyi Salim Mwambondo as interested parties in the suit. The application was supported by a sworn affidavit and the Land Registrar's report.
Issues
- Whether the application meets the threshold for joinder of parties.
- Whether the Chamber Summons application has merit.
- Whether the parties are entitled to the reliefs sought.
- Who should bear the costs of the application.
Reasoning
The court considered the provisions of Order 1 Rule 10(2) of the Civil Procedure Rules and the principles of law regarding joinder of parties. The court found that the joinder of the parties was necessary to enable the court to effectively and completely adjudicate upon and settle all questions involved in the suit.
Outcome
The court granted the application for joinder of parties.
Orders
- To join Abdalla Yusuf and Mwinyi Salim Mwambondo as interested parties in the suit.
- To grant leave to the interested parties to file their responses if necessary and participate in the matter.
- To grant any other incidental relief deemed fit to meet the ends of justice.
- To award costs in the cause.
Authorities cited
Legislation (2)
- Civil Procedure Act Cap. 21
- Civil Procedure Rules 2010
Cases cited (2)
- Lucy Nangari Ngigi & 128 Others v National Bank of Kenya Limited & Another (2015) eKLR
- Pravin Bowry v John Ward and Another (2015) eKLR
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