John Ntoiti Mugambi & 85 others (All Trading as Isiolo Stage View Enterprises C.B.O) v County Government of Isiolo, Muthee M'nkuraru & 39 others All Trading as Isiolo Stage View Enterprises C.B. O [2016] KEHC 8096 (KLR)

REPUBLIC OF KENYA

IN  THE HIGH COURT OF KENYA AT MERU

LAND AND ENVIRONMENT DIVISION

ENVIRONMENT AND LAND COURT CASE NO 102 OF 2015

JOHN NTOITI MUGAMBI & 85 OTHERS...........................................................PLAINTIFF

(ALL TRADING AS ISIOLO STAGE VIEW ENTERPRISES C.B.O)

VERSUS

COUNTY GOVERNMENT OF ISIOLO..............................................................DEFENDANT

AND

MUTHEE M'NKURARU & 39 OTHERS

ALL TRADING AS ISIOLO STAGE

VIEW ENTERPRISES C.B. O....................................................................INTERESTED PARTY

R U L I N G

1. This Application is dated 18/08/2016 and seeks orders:-

1. THAT the Honourable Court be pleased to order that the proposed Interested Parties be joined to this suit as Plaintiffs.

2. THAT the Honourable Court be pleased to extend the orders granted on 3rd June, 2016 to cover and/or benefit the Interested Parties herein inclusive of all other consequential orders.

3. THAT the costs of this application be provided for.

2. The Application is supported by the Affidavit of MUTHEE M'NKURARU and has the following grounds:-

(a) THAT the proposed Interested Parties are some of the property owners of ISIOLO STAGE VIEW ENTERPRISES C.B.O and thus trading in the same style and name.

(b) THAT orders have been since been issued to the exclusivity of themselves hence affecting management of their properties in a case in which they were never made parties nor have they been heard.

(c)THAT the Interested Parties desire to be heard together with the current plaintiffs and cannot be heard unless or until they have been joined as parties to the suit.

(d) THAT the Interested Parties ought to be protected by this Honourable Court from the impending injustice from the defendants so well as the Plaintiffs have been protected this far.

(e) THAT it is just and reasonable to grant the orders sought.

3. The application is merely facilitative of expeditious disposal of the suit and it is not opposed.

4. The application is allowed.

5. Interim Orders extant in the suit are extended to affect the Interested Parties.  The extension of the Interested Orders is in terms of Section 63, CPA until the apposite application is heard and determined.

6. Costs shall be in the cause.

7. It is so ordered.

8. Directions on 16/11/2016

DELIVERED IN OPEN COURT AT MERU THIS 15TH DAY OF SEPTEMBER, 2016 IN THE PRESENCE OF:-

CC: Daniel

Kiogora and Ashava for the Applicants/Plaintiffs

Kiogora for the Applicants

Ashava for the Interested Parties

Nyauchi for the Defendant

P .M. NJOROGE

JUDGE