NMN v MKN (suing as next friend of PKN (being a person of unsound mind); Esther Wacu Kiharu & 11 others (Interested Parties) [2021] KECA 623 (KLR)
The bottom line
#The Court of Appeal allowed twelve land occupiers to join an appeal as interested parties because the outcome directly affected their possession, even though they missed the original trial.
What this practically means
#Executive summary
#Key legal issues
#Joinder of parties claiming possession of the subject land who did not participate in the trial proceedings
The 12 applicants were joined as interested parties in the appeal
The applicants claimed active possession of the subject land since 2005 and held share certificates for their respective parcels, yet did not participate in the Environment and Land Court proceedings despite the court having been notified of their presence. The trial court's determination adversely affected them. As persons directly affected by the appeal under rule 77 of the Court of Appeal Rules, and in line with the rules of natural justice, the interest of justice necessitated their joinder. The applicant did not oppose the application; the respondent, though served, did not appear or file submissions.
Injunction pending appeal based on Giella v Cassman Brown principles
Not determined; the prayer was abandoned at the hearing
The interested parties had sought an injunction on the basis that they had established a prima facie case with a chance of success as set out in Giella vs Cassman Brown Co. Ltd. However, at the hearing their counsel abandoned this prayer along with the other prayers in the application, confining the application to joinder. The court therefore made no findings on the merits of the injunction and granted only the joinder relief.
Legal principles established
#- Persons directly affected by an appeal must be joined as interested parties under rule 77, having regard to the rules of natural justice and the interests of justice
Court orders
#- 1.The 12 individuals named in the title joined in the appeal as Interested Parties
- 2.The Interested Parties to be served with a copy of the appeal and other related documents
- 3.Costs in the appeal
- 4.It is so ordered
- On appeal from
- High Court of Kenya at Thika (Environment and Land Court)
- ELC No. 373 of 2017
- Jurisdiction invoked
- Rule 77 of the Court of Appeal Rules (joinder of interested parties in an appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "NMN v MKN (suing as next friend of PKN (being a person of unsound mind); Esther Wacu Kiharu & 11 others (Interested Parties) [2021] KECA 623 (KLR)", Case Analysis (2021). Civil Appeal (Application) No. 20 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2021/623/eng@2021-05-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.