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Court of AppealAllowedNot stated in judgment

Onchiri & 489 others v Omani & 11 others (Civil Appeal (Application) E335 of 2023) [2025] KECA 695 (KLR)

Court of Appeal of Kenya
11 April 2025
858 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal allowed parties who built structures on disputed land to join the case, while removing dissolved companies from the proceedings.

What this practically means

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Executive summary

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This is an interlocutory decision of a three-judge bench of the Court of Appeal at Nairobi (Musinga, Ngugi and Odunga, JJA) delivered on 11th April 2025 in an ongoing land dispute appeal. The applicants moved by Notice of Motion dated 12th August 2024 for two forms of party adjustment: first, the striking out of the names of the 6th, 7th and 8th respondents (Revji Properties Ltd, Seema Properties Ltd and Krushil Properties Ltd) on the ground that they were dissolved on 11th September 2013 by Gazette Notice, rendering the suit against them unmaintainable; and secondly, the joinder of Kabarnet Trading Co. Ltd, Alphana Business Park Ltd, Unigroup Transporters Ltd, Sukadi Complex Ltd and M/s Kensalt Ltd as interested parties or respondents, on the allegation that each had erected permanent structures, walls, godowns or fencing on various parcels of the suit land, so that they should be afforded an opportunity of being heard. Although served, only Unigroup Transporters Ltd replied, averring that it had no legal or beneficial interest in the relevant parcel and did not claim title. At the hearing, counsel for the intended interested party and for the 3rd, 4th and 5th respondents indicated their clients had no stake in the matter. The Court, applying the Departed Asians Property Custodian Board v Jaffer Brothers Ltd test for necessary parties, allowed the application in its entirety, directed the applicants to amend their pleadings accordingly, and made no order as to costs. The judgment does not identify the decision below, the case number or a neutral citation.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the names of the 6th, 7th and 8th respondents (Revji Properties Ltd, Seema Properties Ltd and Krushil Properties Ltd), said to have been dissolved on 11th September 2013, should be struck out from the proceedings
  2. 2.Whether Kabarnet Trading Co. Ltd, Alphana Business Park Ltd, Unigroup Transporters Ltd, Sukadi Complex Ltd and M/s Kensalt Ltd should be joined as interested parties/respondents on the ground that they have erected structures on the suit parcels

Key legal issues

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01

Joinder of parties claiming occupation or construction on the suit land

Holding

The Court allowed the joinder application so that parties alleged to have erected structures on the suit parcels could be afforded an opportunity of being heard, guided by the Departed Asians test for necessary parties.

Reasoning

The Court adopted the Departed Asians Property Custodian Board formulation, distinguishing between joining a party who ought to have been joined as a defendant and one whose presence is necessary for effectual adjudication. Because the applicants alleged the intended interested parties had erected permanent structures on the suit parcels, joinder was necessary to afford them a hearing. The Court could not determine at that stage whether the occupation allegations were correct, but that did not bar joinder.

p. 2
02

Striking out of dissolved companies from the proceedings

Holding

The application to strike out the names of the 6th, 7th and 8th respondents, said to have been dissolved by Gazette Notice in 2013, was allowed as part of the unopposed application.

Reasoning

It was contended that Revji Properties Ltd, Seema Properties Ltd and Krushil Properties Ltd were dissolved on 11th September 2013, rendering the suit against them unmaintainable. The application was largely unopposed, and the Court allowed the whole application, directing the applicants to amend their pleadings accordingly.

p. 1

Legal principles established

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  • A party need not have a cause of action against them to be joined; joinder is proper where their presence is necessary for the court to effectually and completely adjudicate upon and settle all questions in the suit, either because the orders sought would affect their interests or because a defendant cannot effectively set up a defence without them.

Court orders

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  1. 1.The application dated 12th August 2024 is allowed
  2. 2.The applicants are permitted to amend their pleadings accordingly (effecting the striking out of the dissolved companies' names and the joinder of the intended interested parties)
  3. 3.No order as to costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority
majority
majority
Jurisdiction invoked
Inherent jurisdiction of the Court of Appeal over its own proceedings on joinder and striking out of parties; no specific constitutional or statutory provision cited in the judgment

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In the premises, we allow the application dated August 12, 2024. Let the applicants amend their pleadings accordingly.
p. 2Final orders - application allowed with leave to amend pleadings
We make no order as to costs.
p. 2Costs order
A clear distinction is called for between joining a party who ought to have been joined as a defendant and one whose presence before the Court is necessary in order to enable the court efiectually and completely adjudicate upon and settle all questions involve in the suit.
p. 2Test for joinder of necessary parties

Issues in the judgment

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minor

The case title, case number and neutral citation do not appear in the provided judgment text; the judgment begins directly at the numbered paragraph describing the Notice of Motion.

minor

The Court allowed the application but did not make separate express orders for striking out the dissolved companies or for joinder; the operative order is a general allowance with leave to amend pleadings.

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Onchiri & 489 others v Omani & 11 others (Civil Appeal (Application) E335 of 2023) [2025] KECA 695 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/695/eng@2025-04-11

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.