Kilonzo v Kiige; Embakasi Ranching Co. Ltd (Interested Party)

Kilonzo v Kiige; Embakasi Ranching Co. Ltd (Interested Party) (Environment & Land Case E285 of 2022) [2023] KEELC 20048 (KLR) (21 September 2023) (Ruling) Neutral citation: [2023] KEELC 20048 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ENVIRONMENT & LAND CASE E285 OF 2022 LN MBUGUA, J SEPTEMBER 21, 2023 BETWEEN DOMITILA MUMBUA KILONZO .......................................................... PLAINTIFF AND JOHN KAMAU KIIGE ........................................................................... DEFENDANT AND EMBAKASI RANCHING CO. LTD ....................................... INTERESTED PARTY RULING 1. Before me is a notice of motion application dated 15.5.2023 in which the defendnat prays that EmbakasI Ranching Co. Ltd be joined in these proceedings as an Interested Party. He avers that the proposed Interested Party is the original owner of parcel Nairobi /Block 105/7986 and is the entity which is better placed to assist this court determine as to whether plot No. F-275B claimed by the defendant is the same plot as P2255 B claimed by the plainti. 2. The defendant avers that as per the pleadings, both the plainti and defendant claim to have purchased their plots form Embakasi Ranching. 3. The plainti has opposed the suit via a replying adavit dated 25.5.2023. She avers that Embakasi Ranching Co are the ones who transferred the suit property to her of which she was issued with a title. Thus Embakasi Ranching Co. are functus ocial in the matter. 4. I have considered all the arguments raised herein including the rival submissions. The provision of Order 1 Rule 10 of the Civil Procedure Rules permits joinder of parties whose presence is necessary for adjudication of the suit. See Moses Wachira v. Niels Bruel & 2 Others [2015] eKLR, Trusted Society of Human Rights Alliance v. Mumo Matemo & 5 others [2014] eKLR. https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20048/eng@2023-09-21 1

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