Through Notice of Motion dated 27th November 2023, Mr. Clement Muyabila Isiye has sought to be joined to the matter as an Interested Party. He contends that that he purchased 3/8 acres of land parcel number South Kabras/Chemuche/894, the suit property.
The application is supported by an affidavit sworn by the Applicant. He has annexed some documents which he says are the sale agreements in support of his claim. Only Chiveu Shamala Imboko has filed a Replying Affidavit in respect of the application. The other parties have not opposed the application.
I have considered the application and the replying affidavit. Chiveu Shamala contents that the sale agreements are fabrications and that he did not sell land to the applicant. Needless to state, those are matters that must be left for determination at the hearing. For now, I am persuaded that the applicant has demonstrated an interest in the matter before this court. I find merit in Notice of Motion dated 27th November 2023. I allow it as prayed. The applicant is admitted into this matter as 6th Interested Party.
Dated, signed, and delivered at Kakamega this 12th day of March, 2024.
Delivered in open court in the presence of:
Mr. Osango for plaintiff in ELC 140 of 2016 and for 3rd, 4th and 5th Interested Parties.
No Appearance for Defendant in ELC 140 of 2016
Mr. Juma for 2nd Defendant in ELC 140 of 2016 and 6th to 8th Defendants in ELC 304 of 2014
Mr. Okali holding brief for Mr Getanda for 3rd Defendant in ELC 304 of 2014 and Interested Party in ELC 140 of 2016
Clement Isiye – Intended Interested Party.