JudgmentBamboo Twist Limited VS National Lands Commission & Others
Case law
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Division and case type: Environment and Land CourtPetition
…The learned counsel for the petitioner submitted inter alia that the applicants have not met the threshold for joinder, as they have not established any proximate legal interest in the suit properties.…
…E033 of 2023, where the court emphasized that: “Joinder of a group is not a matter of right but a judicial discretion which must be exercised on the basis of a legally identifiable interest in the subject matter of the dispute…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…The Rules define an Interested Party as follows: ““interested party” means a person or entity that has an identifiable stake or legal interest or duty in the proceedings before the court but is not a party to the proceedings…
…The Court at this stage shall only consider whether the person seeking to join the proceedings has sufficient interest or identifiable stake or legal interest in the suit, which may or may not succeed at the trial. 7.…
Division and case type: Environment and Land CourtPetition
…Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, Legal Notice No. 117 of 2013, also defines an interested party as “A person or an entity that has an identifiable stake or legal…
…interest or duty in the proceedings and may not be directly involved in the litigation.” 24.…
Division and case type: Environment and Land CourtPetition
…In the end, I was not persuaded that the Petitioner had any legal interest in the suit premises. …
Division and case type: Environment and Land CourtPetition
…Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, Legal Notice No. 117 of 2013, also defines an interested party as “A person or an entity that has an identifiable stake or legal…
…interest or duty in the proceedings and may not be directly involved in the litigation.” 21.…
Division and case type: Environment and Land CourtPetition
…Without such evidence, the Petition could not show the legal interest necessary to ground a constitutional claim to property. 47. …
…In the case of “Miachel Mutuku Mulinge – Versus - Attorney General [2017] eKLR”, the High Court emphasized that for a Petitioner to succeed under Article 40, they must demonstrate a legally recognized proprietary interest…
Division and case type: Environment and Land CourtPetition
…Daniel Arap Moi had no valid legal interest which he could pass to Bawazir & Co. (1993) Ltd, who in turn could pass to the appellant.”…
Division and case type: Environment and Land CourtPetition
…The 1st Interested Party reiterated his earlier averments that the 1st and 3rd Petitioners had no known legal interest on parcel number Mombasa/Block XVII/16, which they could claim as their own as they do at Paragraph 30…