Environment & Land Case E192 of 2022

Case Metadata
Case Number:	Environment & Land Case E192 of 2022
Parties:	Sheobo v Hardware & Suppliers Limited & another; Kenya National Highways Authority & 2 others (Interested Parties)
Date Delivered:	21 Sep 2023
Case Class:
Court:	Environment and Land Court at Nairobi
Case Action:	Ruling
Judge(s):	Lucy Ngima Mbugua
Citation:	Sheobo v Hardware & Suppliers Limited & another; Kenya National Highways Authority & 2 others (Interested Parties) (Environment & Land Case E192 of 2022) [2023] KEELC 20026 (KLR) (21 September 2023) (Ruling)
Advocates:	Koganga holding brief for Mr. Nyany for 1st Defendant, M/s Obuya holding brief for M/s Siautet for 2nd Defendant, Maruti for 1st Interested Party, M/s Njuguna for 3rd Interested Party
Court Division:	Environment and Land
County:	Nairobi
Advocates:	Koganga holding brief for Mr. Nyany for 1st Defendant, M/s Obuya holding brief for M/s Siautet for 2nd Defendant, Maruti for 1st Interested Party, M/s Njuguna for 3rd Interested Party
Disclaimer:	The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Case Metadata

Case Number:

Parties:

Sheobo v Hardware & Suppliers Limited & another; Kenya National Highways Authority & 2 others (Interested Parties)

Date Delivered:

21 Sep 2023

Case Class:

Court:

Environment and Land Court at Nairobi

Case Action:

Ruling

Judge(s):

Lucy Ngima Mbugua

Citation:

Sheobo v Hardware & Suppliers Limited & another; Kenya National Highways Authority & 2 others (Interested Parties) (Environment & Land Case E192 of 2022) [2023] KEELC 20026 (KLR) (21 September 2023) (Ruling)

Advocates:

Koganga holding brief for Mr. Nyany for 1st Defendant, M/s Obuya holding brief for M/s Siautet for 2nd Defendant, Maruti for 1st Interested Party, M/s Njuguna for 3rd Interested Party

Court Division:

Environment and Land

County:

Nairobi

Advocates:

Koganga holding brief for Mr. Nyany for 1st Defendant, M/s Obuya holding brief for M/s Siautet for 2nd Defendant, Maruti for 1st Interested Party, M/s Njuguna for 3rd Interested Party

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

Neutral citation: [2023] KEELC 20026 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case E192 of 2022

LN Mbugua, J

September 21, 2023

Between

Badi Ali Sheobo

Plaintiff

and

Harshiv Autospares Hardware & Suppliers Limited

1^st Defendant

County Government of Nairobi

2^nd Defendant

and

Kenya National Highways Authority

Interested Party

Chief Registrar Ministry of Lands

Interested Party

National Land Commisison

Interested Party

Ruling

1.Before me is a Notice of Motion Application dated March 31, 2023 brought forth by the 1^st Interested Party (Kenya National Highways, Authority) who are seeking orders to be joined in these proceedings as the 3^rd defendants to enable them file a defence and a counterclaim, upon the amendment of the plaint. The application is premised on grounds on the face of the application and on the Supporting Affidavit of one Micah Muendo, its Assistant Director, Mapping and Survey. They contend that there is a transport corridor abutting the suit property; that there were no private properties and or developments on the location in question and no permissions were ever given by the government for any developments on the road reserve.

2.The 1^st Interested Party avers that they can only effectively participate in the proceedings if they are defendant in the suit.

3.A Replying Affidavit dated May 16, 2023 has been sworn by one Harji Kerai who introduces himself as a director of the 1^st Respondent. They are in support of the application dated March 31, 2023. No other documents have been filed for or against the application.

4.I find that in the ruling of December 8, 2022, the court allowed the application of the 1^st defendant to join the current applicant in these proceedings as an Interested Party. The applicant now desires to file substantive pleadings to enable them shed light on the nature of rights and interests relating to the suit property.

5.Pursuant to the provisions of Order 1 rule 10 of the Civil Procedure Rules, I find that the application dated March 31, 2023 is merited. The same is hereby allowed with no orders as to costs. The plaintiff is to amend his pleadings accordingly within a period of 14 days of which the defendants and Interested Parties are to file and serve their defences/statement of claims within 28 days from the date of delivery of this ruling.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 21^st DAY OF SEPTEMBER, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGE

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Environment & Land Case E192 of 2022

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