M’Ringera v Public Trustee Meru County & 6 others; Nyamu & 2 others (Interested Parties) (Environment & Land Case 16 of 2020) [2024] KEELC 4805 (KLR) (12 June 2024) (Ruling) Neutral citation: [2024] KEELC 4805 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MERU ENVIRONMENT & LAND CASE 16 OF 2020 CK NZILI, J JUNE 12, 2024 BETWEEN ZABLON MURUNGI M’RINGERA ........................................................ PLAINTIFF AND THE PUBLIC TRUSTEE MERU COUNTY .................................. 1ST DEFENDANT THE COUNTY LAND ADJUDICATION AND SETTLEMENT OFFICER MERU COUNTY .......................................................................................... 2ND DEFENDANT THE COUNTY LAND ADJUDICATION AND SETTLEMENT SURVEYOR MERU COUNTY ............................................................................. 3RD DEFENDANT THE LAND REGISTRAR MERU COUNTY ............................... 4TH DEFENDANT THE DIRECTOR OF LAND ADJUDICATION & SETTLEMENT .... 5TH DEFENDANT THE CHIEF LAND REGISTRAR ................................................. 6TH DEFENDANT THE HONOURABLE ATTORNEY GENERAL ........................... 7TH DEFENDANT AND ASENATH KAIMURI NYAMU ............................................. INTERESTED PARTY KAREN LESLEY GACERI ...................................................... INTERESTED PARTY JOSEPH MWORIA .................................................................. INTERESTED PARTY RULING 1. The court, by an application dated 19.3.2024, is asked to enjoin Asenath Kaimuri Nyamu, Karen Lesley Gaceri and Joseph Mworia as 1st, 2nd, and 3rd interested parties in this suit. https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4805/eng@2024-06-12 1
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2. The application is supported by an afidavit of Asenath Kaimuri Nyamu sworn on 19.3.2024. It is averred that the interested parties occupy L.R No’s. Kiirua/Nkando/605 and 5183, by virtue of a sale and transfer as a subdivision of the L.R No’s. Kiirua/Nkando 605 & 787. They have attached copies of sale agreements, mutation, applications, or consent and transfer as annexures marked AKN "1" – "6," respectively. They urge the court to allow them as interested parties in this suit; otherwise, they will be condemned unheard. 3. An interested party is any person who has a stake in a suit. The threshold was set in Francis Karioko Muruatetu & Another vs Republic & others (2016) eKLR, as one who will sufier prejudice if not joined in a suit. A party seeking to join must explain his relevance and the reason for believing that his presence will be valuable and difierent from those of other parties in the proceedings. 4. The proposed interested parties have suficiently demonstrated purchasers' and occupiers' rights. I find them to be proper parties to the suit. The application is hereby allowed with no order as to costs. DATED, SIGNED, AND DELIVERED VIA MICROSOFT TEAMS/OPEN COURT AT MERU ON THIS 12TH DAY OF JUNE, 2024 In presence of C.A Kananu Atheru & Ondiek for the plaintifi Obwanda for respondent HON. C K NZILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4805/eng@2024-06-12 2
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