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ELCPartially AllowedELC Case (Narok) – Notice of Motion dated 18th June, 2020· [2021] KEELC 1020 (KLR)

Abdi Nasir Sheikh Osman v Narok County Government; Abdi Mohamed Yusuf (Interested Party) [2021] KEELC 1020 (KLR)

Environment and Land Court

8 November 2021

MKMohamed N. Kullow

880 words in judgment

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The bottom line

Kenya's Environment and Land Court at Narok allowed a landowner to join an ongoing land case as an interested party because his plot's boundaries were directly at stake.

What this practically means

Executive summary

This is a ruling by the Environment and Land Court at Narok on a Notice of Motion dated 18th June 2020 by Abdi Mohammed Yusuf, the proposed interested party. He sought to be enjoined in the suit between the Plaintiff and the Narok County Government, and a stay of Narok CMCC No. 202 of 2014. He deposed that he is the registered owner of Plot No. 298 Block 4 in Narok Town and that the Plaintiff had sued him in the magistrates' court over a boundary dispute concerning that plot and Plot No. Narok/Township/375. He contended that the declaratory orders sought in the ELC suit would adversely affect him and render the magistrates' court suit futile. The Plaintiff, though served and granted a last chance on 9th March 2021, filed no response; the Defendant did not oppose the application. The court, applying Order 1 Rule 10(2) of the Civil Procedure Rules, noted the consent order of 22nd January 2015 directing the District Surveyor Narok to ascertain the boundaries of the two plots, which evidenced the applicant's interest. It held that his joinder would enable the court to effectually and completely adjudicate upon all questions in the suit. The court allowed the application, enjoined Abdi Mohamed Yusuf as an interested party, and awarded him costs. No stay of the magistrates' court suit was granted in the disposition. The ruling was delivered at Narok on 8th November 2021.

Key legal issues

Whether the applicant has a sufficient interest to be joined as an interested party

Holding

Yes; his proprietary interest in Plot No. 298 Block 4 and the pending boundary suit justify joinder

Reasoning

The court noted the pending Narok CMCC No. 202 of 2014 and the consent order of 22nd January 2015 directing the District Surveyor Narok to ascertain the boundaries of the two plots, evidencing the applicant's interest in the subject matter. His inclusion would enable the ELC to effectually and completely adjudicate upon all questions, satisfying Order 1 Rule 10(2).

p. 2

Legal principles established

A party whose presence is necessary to enable the court effectually and completely adjudicate upon and settle all questions in the suit may be joined at any stage of the proceedings

Court orders

1.The Applicant Abdi Mohamed Yusuf is enjoined as an Interested Party in the suit
2.Costs awarded to the Applicant

Authorities

Legislation

Civil Procedure Rules (suit procedure Rules)Order 1 Rule 10(2)

Jurisdiction invoked: Order 1 Rule 10(2) of the Civil Procedure Rules (suit procedure Rules)

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Abdi Nasir Sheikh Osman v Narok County Government; Abdi Mohamed Yusuf (Interested Party) [2021] KEELC 1020 (KLR)", Case Analysis (2021). ELC Case (Narok) – Notice of Motion dated 18th June, 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1020/eng@2021-11-08

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.