Mwangi v Kibugu & another (Environment & Land Case 303 of 2018) [2025] KEELC 2972 (KLR) (28 March 2025) (Ruling) Neutral citation: [2025] KEELC 2972 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAKURU ENVIRONMENT & LAND CASE 303 OF 2018 A OMBWAYO, J MARCH 28, 2025 BETWEEN SIMON MUIGAI MWANGI ...................................................................... PLAINTIFF AND SOLOMON MURIITHI KIBUGU .................................................. 1ST DEFENDANT JAMES KIBUGU KIONI ................................................................. 2ND DEFENDANT RULING 1. The plaintifi vide a Notice of Motion dated 13th November 2024 filed an application seeking for order that the plaintifi be allowed to amend plaint to enjoin Abdinasir Haji T/A Topline Traders Ltd as a third party. 2. That upon Abdinasir Haji T/A Topllne Traders Limited being enjoined as Third Party in this suit, the said Third Party is be restrained either by himself, servants or agents from accessing, using or interfering in whichever manner or form with the suit property known as: Nakuru/Municipality/ Block 8/6 pending the hearing and determination of this application. The Defendants jointly and severally be restrained either by themselves, servants or agents from dealing with the suit property known as: Nakuru/Municipality/Block 8/6 in a manner that may alienate the suit property or in a manner that may interfere with the plaintifi's full enjoyment of the suit property pending the hearing and determination of the suit. Costs be provided for by the defendants and the interested party. The application is based on grounds that the Plaintifi/ Applicant purchased half acre of the suit property known as: Nakuru/Municipality/Block 8/6 from the Defendants jointly and severally and met all the necessary statutory requirements and payments including approval from NEMA as required by the law and afterwards the Plaintifi invested heavily on the said suit premises. 3. Soon the Defendants began to interfere with the Plaintifi's business and went ahead to block the Plaintifi/ Applicant from accessing the property and the said Defendants have now introduced the https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/2972/eng@2025-03-28 1
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Third Party into the suit property which has deteriorated the situation and requires the court's intervention. 4. The application is opposed by the proposed third party on grounds that that the proposed 3rd party relies on order 1 rule 15 (1) of the Civil Procedure Rules 2010 that states that it is only the defendant who can enjoin a 3rd party in the suit and not the plaintifi. The defendant must claim contribution or indemnity from the 3rd party. The claim against the 3rd party must be a relief sought by the plaintifi against the defendant. This Court finds the application herein misconceived as the plaintifi has no power to enjoin a 3rd party. It is only the defendant who can enjoin a 3rd party. The application is dismissed with costs. THE JUDICIARY OF KENYA Doc IDENTITY: 393709195206581552719594050 Tracking Number:OOAW4Z2025 SIGNED BY: HON. JUSTICE ANTONY O. OMBWAYO THE JUDICIARY OF KENYA. NAKURU ENVIRONMENT AND LAND COURT ENVIRONMENT AND LAND COURT DATE: 2025-03-28 12:03:59 https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/2972/eng@2025-03-28 2
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