Nyale & 3 others v Mwango & 4 others [2024] KEELC 13224 (KLR)

Nyale & 3 others v Mwango & 4 others (Enviromental and Land Originating Summons 47 of 2023) [2024] KEELC 13224 (KLR) (14 November 2024) (Ruling)

Neutral citation: [2024] KEELC 13224 (KLR)

Republic of Kenya

In the Environment and Land Court at Malindi

Enviromental and Land Originating Summons 47 of 2023

EK Makori, J

November 14, 2024

Between

Reuben Tinga Nyale

1st Plaintiff

Joseph Nyale Mwango

2nd Plaintiff

Kassim Mwango Nyale

3rd Plaintiff

Edward Kazungu Nyale

4th Plaintiff

and

Kiti Nyale Mwango

1st Defendant

Khamis Nyale Mwango

2nd Defendant

Josephat Muchere Marete

3rd Defendant

Land Registrar Kilifi

4th Defendant

Attorney General Malindi

5th Defendant

Ruling

1. The application dated 8th February 2024 seeks to have Sarah Wanjiru join these proceedings as an interested party with the attendant costs.

2. In her sworn affidavit deposed on 8th February 2024, Sarah Wanjiru, who is the applicant in this case, claims that on 21st July 2023, she entered into a commitment agreement with the 1st and 2nd defendants in respect to 2 acres to be hived from the suit property, Kilifi/Mtwapa/II, for a consideration of Kshs 10,000,000/—. A deposit of Kshs 1,000,000/—was paid on the signing of the agreement, and Kshs 500,000/—was paid on 23rd November 2023.

3. The first, second, and third Defendants oppose the application, contending that this is a collusion between the intended party and counsel for the plaintiff.

4. Parties were directed to canvass the application by way of written submissions.

5. Having meticulously considered the materials placed before me and the parties' submissions, I frame issues that will affect the determination of this application—whether to join the intended interested party in these proceedings and who should bear the costs of the application.

6. It is settled that the conditions for a party's joinder are as laid out in Gladys Nduku Nthuki v Letshago Kenya Ltd; Mueni Charles Maingi (Interested Plaintiff) (2022) eKLR:a.He must be a necessary party.b.He must be a proper party.c.In the case of a defendant there must be a relief flowing from the defendant to the plaintiff.d.The ultimate order or decree cannot be enforced without his presence in the matter.e.The presence is necessary to enable the court effectively and completely adjudicate upon and settle all questions involved in the suit.

7. The applicant has shown a purchaser's interest in the suit property. She will be a necessary party and proper party to be joined in these proceedings. The application dated 8th February 2023 is allowed. There is no order as to costs.

DATED, SIGNED, AND DELIVERED VIRTUALLY AT MALINDI VIRTUALLY ON THIS 14TH DAY OF NOVEMBER 2024. E. K. MAKORIJUDGEIn the Presence of:Mr.Lijoodi for the PlaintiffMs.Apiyo, for the Proposed Interested PartyMs Wambui for 1st, 2nd and 3rd Defendants.Happy: Court Assistant