Kahenya v Kimani (Environment & Land Case 85 of 2014 & 160 of 2012 (Consolidated)) [2023] KEELC 18918 (KLR) (11 July 2023) (Ruling) Neutral citation: [2023] KEELC 18918 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAKURU ENVIRONMENT & LAND CASE 85 OF 2014 & 160 OF 2012 (CONSOLIDATED) A OMBWAYO, J JULY 11, 2023 BETWEEN LOISE WAMBUI KAHENYA .................................................................... PLAINTIFF AND DOROTHY NYOKABI KIMANI ......................................................... DEFENDANT RULING 1. The plainti has come to court with an application for orders that this honorable court be pleased to grant leave to the plainti (in ELC No. 85 of 2014) to join Sybella Wanjiku Gitiha as a defendant herein (ELC No. 85 of 2014) and to treat the annexed further amended plaint as duly led subject to payment of the requisite court fees. 2. Moreover, that this honorable court to grant leave to the plainti to eect service of summons to Enter appearance and any other processes upon Sybella Wanjiku Gitiha by way of registered post through post oce Box Number 124, Kiambu. 3. That this honorable court grants leave to the plainti to adopt as evidence to be considered during judgment, the application for registration of caution against Title No. Nakuru/Bahati/329 that equally refers to Title No. Nakuru/Bahati Settlement Scheme/217. That the plainti be at liberty to apply. That this honorable court grants any other and or further orders it deems t. The cost of the application be provided for. 4. The application is based on grounds that in the course of hearing of evidence of Sybella Wanjiku Gitiha the plainti discovered that Sybella was the one in occupation of the plainti’s property title No. Nakuru/Bahati Settlement Scheme/217 which she thought was occupied by the defendant. She needs to seek an order of eviction against the said Sybella Wanjiku Gitiha. She does not know the physical address of the said Sybella Wanjiku Gitiha. the application is opposed by the defendant who states that the same will result in delay of the matter which is pending judgement. According to the defendant, https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/18918/eng@2023-07-11 1
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the application is made in bad faith. The defendant states that the plainti has had the knowledge that the said Sybella Wanjiku Gitiha is in occupation of parcel number 217. 5. I have considered the application and the response and the proceedings before me on March 23, 2023 and do nd that Sybella Wanjiku Gitiha is a necessary party to enable the court to conclusively determine the dispute. The orders that would be granted will denitely aect Sybella Wanjiku Gitiha ultimately, I do grant leave to the plainti to enjoin Sybella Wanjiku Gitiha as the 2nd defendant. Amended plaint be led and served within 5 days. The 2nd defendant to le and serve defence within 7 days. The 2nd defendant be at liberty to le defence within 5 days of service. The 2nd defendant to le a statement in respect of the allegations by the plainti. The matter to be re-opened for the hearing of the 2nd defendant case. RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT NAKURU THIS 11TH DAY OF JULY 2023. A O OMBWAYO JUDGE https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/18918/eng@2023-07-11 2
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