Chaudhry v Tsuma & 25 others; Charo & 16 others (Proposed Interested Parties) [2024] KEELC 13648 (KLR)

Chaudhry v Tsuma & 25 others; Charo & 16 others (Proposed Interested Parties) (Environment and Land Case Civil Suit E22 of 2023) [2024] KEELC 13648 (KLR) (9 December 2024) (Ruling)

Neutral citation: [2024] KEELC 13648 (KLR)

Republic of Kenya

In the Environment and Land Court at Malindi

Environment and Land Case Civil Suit E22 of 2023

FM Njoroge, J

December 9, 2024

Between

Shabbir Ahmed Chaudhry

Plaintiff

and

Katana Charo Tsuma & 25 others & 25 others

Respondent

and

Furaha Katana Charo & 16 others & 16 others

Proposed Interested Party

Ruling

1The applicants in the motion dated 27/9/2024 are the proposed interested parties. They seek to be joined in the proceedings as substantive parties as defendants. Their case is that they reside on the suit premises yet they were left out of the suit and they may need file a separate suit if not joined to this suit. They state that they would be prejudiced if they are not joined to the suit. The application is unopposed. However, upon perusing the said application this court find no evidence attached thereto to demonstrate that the applicants have any interest in the suit property or would be affected by orders made in the matter, and the application has thus not attained the threshold required to warrant the joinder sought, and it is hereby struck out with no orders as to costs.

RULING DATED, SIGNED AND DELIVERED AT MALINDI VIA ELECTRONIC MAIL ON THIS 9TH DAY OF DECEMBER, 2024. MWANGI NJOROGEJUDGE, ELC, MALINDI.