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…on the general principles set out in Order I rule 10 (2) bearing in mind the unique circumstances of each case with regard to the necessity of the party in the determination of the subject matter of the suit, any direct prejudice…

…The Court at this stage does not determine the proposed Interested Party’s case on the merits as that might prejudice the fair trial of the matter should the party be joined in the suit.…

…The vacating of those orders would therefore presuppose a situation where the Petitioner’s Application ought to be reinstated and heard on merit to prevent prejudice being visited upon the Petitioner. 7.…

…(f)That neither would the Petitioner suffer any prejudice nor would the Petition be rendered nugatory if the orders sought are not granted.” 10.In addition to the above grounds, Miss Lunyolo learned counsel for the 1st Respondent…

…The application was premised on ground that the appeal had a high chance of success and further that the appeal may take long to be determined which would prejudice the applicant.…

…That the applicant has not shown what prejudice he would suffer if orders sought are not granted. Mr. A.…

…In any event and without prejudice to the foregoing, the issue on custody of land documents and records was canvassed and determined by the Supreme Court in the Matter of the National Land Commission (2015) eKLR and is therefore…