Kenya United Sports Limited v Kimemiah & 6 others; Hotel Destination Limited & 2 others (Applicant) (Civil Appeal (Application) E301 of 2023) [2024] KECA 448 (KLR)
The bottom line
#The Court of Appeal let three land purchasers join an appeal as interested parties, but only to make arguments—not to file new evidence or halt execution of the judgment.
What this practically means
#Executive summary
#Key legal issues
#Test for joinder as interested party on appeal
An applicant who demonstrates an interest in the subject matter of the appeal, even without privity of contract with a party, is entitled to be joined and heard; privity of estate suffices.
Although there was no privity of contract between the applicants and the 1st respondent, the subdivisions the applicants claim are offshoots of the suit property, so the impugned ELC judgment affects their property rights. Citing Commercial Bank of Africa Ltd v Isaac Kamau Ndirangu, the Court held such persons are 'a person affected by the appeal' under rule 79 and must be heard.
Whether joined interested parties may file evidence on appeal
Interested parties are entitled to file submissions and be heard, but not to file affidavits or other evidence on appeal.
The Court of Appeal does not conduct trials; it reviews the decision below. Since there is no trial at the appellate stage, there is no basis for admitting fresh evidence from newly joined interested parties. Their participation is confined to oral and written submissions at the hearing of the appeal.
Whether injunction or stay of execution should issue for newly joined parties
Prayers for injunction or stay made long after delivery of the impugned judgment are declined.
The applicants knew or ought to have known of the ELC proceedings (including a 2017 order of arrest of any person on the property) and did nothing. Applications for conservatory relief coming so late after judgment would unduly confound the appeal and were held devoid of merit.
Legal principles established
#- A person whose property rights are affected by a judgment is 'a person affected by the appeal' within rule 79 of the Court of Appeal Rules, and privity of estate (as opposed to privity of contract) suffices to found joinder as an interested party.
Court orders
#- 1.Hotel Destination Limited, Batula Hassan Abdi and Magic Industries Limited are joined in the appeal as interested parties and will be at liberty to address the Court during the hearing of the appeal
- 2.The prayers for filing affidavits or other evidence are declined
- 3.The prayers for injunction or stay of execution of the ELC judgment are declined
- 4.Costs of the applications shall be in the appeal
- On appeal from
- Environment and Land Court
- Jurisdiction invoked
- Court of Appeal Rules, rule 79 ('a person affected by the appeal')
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya United Sports Limited v Kimemiah & 6 others; Hotel Destination Limited & 2 others (Applicant) (Civil Appeal (Application) E301 of 2023) [2024] KECA 448 (KLR)", Case Analysis (2024). Court of Appeal application (joinder) in appeal against ELC judgment of S. Okong'o, J. delivered 4th August 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/448/eng@2024-04-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.