Kipkorir & another (Suing for and on behalf of G3 Self-Help Group) v Tanui & 5 others [2022] KEELC 14984 (KLR)

Kipkorir & another (Suing for and on behalf of G3 Self-Help Group) v Tanui & 5 others (Environment & Land Case E047 of 2022) [2022] KEELC 14984 (KLR) (25 November 2022) (Ruling)

Neutral citation: [2022] KEELC 14984 (KLR)

Republic of Kenya

In the Environment and Land Court at Nakuru

Environment & Land Case E047 of 2022

FM Njoroge, J

November 25, 2022

Between

Kangor Yatich Kipkorir

1st Plaintiff

Lengong Kipyator

2nd Plaintiff

Suing for and on behalf of G3 Self-Help Group

and

Walter Tanui

1st Defendant

Wesley Kiptanui

2nd Defendant

Tom Kiptanui

3rd Defendant

Kenneth Kiptanui

4th Defendant

Kevin Kiptanui

5th Defendant

Edward Cherutich Kiptanui

6th Defendant

Ruling

1. The applicants were not joined as parties to the present suit at inception and they applied to be joined either as interested parties or as defendants in their application to this court dated October 18, 2022 in these proceedings. Though the supporting affidavit speaks of many applicants a perusal of the annextures reveals no authority of the other two persons to enable the deponent swear the affidavit on their behalf and the issue has been raised by the plaintiffs’ replying affidavit. However, in this court’s view, order 1 rule 10(2) enables the court to order joinder of any party to the suit as long as in its view they are necessary parties whose presence would enable the adjudication of all the issues arising from the suit with finality. I have noted that in support of their application, it has been averred that the three applicants are the wives of the 6th defendant and they aver that they never gave any spousal consent to any transaction involving the suit land.

2. Upon perusing the application and the responses as well as the submissions of the parties, I find that it is necessary to join the applicants as defendants in this suit and I hereby order that they be joined as the 7th 8th and 9th defendants respectively in the order in which they are listed in the application for joinder. Their application is therefore successful. I order that the plaintiffs shall amend their plaint within 14 days hereof to join the three applicants as defendants and describe them as such. The costs of the application shall be in the cause. The suit shall be mentioned on December 7, 2022 for further directions as to the hearing of the motion dated August 18, 2022. Deputy Registrar to notify the parties.

DATED, SIGNED AND DELIVERED AT NAKURU VIA ELECTRONIC MAIL ON THIS 25TH DAY OF NOVEMBER, 2022. MWANGI NJOROGEJUDGE, ELC, NAKURU