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ELCAllowedNot stated in the judgment· [2015] KEELC 56 (KLR)

Jonathan Kimaiyo Mengich & 2 others v David Kiprono [2015] KEELC 56 (KLR)

Environment and Land Court
2 October 2015
AOAntony Ombwayo
1,816 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This was an interlocutory ruling of the Environment and Land Court at Eldoret delivered by Antony Ombwayo J on 2 October 2015 in a suit in which the plaintiffs, describing themselves as trustees of Kerio South Teachers House, claim to be the registered proprietors of parcel ELDORET MUNICIPALITY/BLOCK 7/156, originally allocated to them under their former name Kerio South Teachers Organization by a Letter of Allotment dated 6 May 1981, with a lease granted on 4 September 1998 and a Certificate of Lease issued on 9 July 1999. They seek a declaration of absolute ownership and a permanent injunction against the defendant, whom they accuse of fraudulently forming an entity called Kerio South Teachers Housing, registering a restriction against the title, threatening tenants and attempting to collect rent and money from teachers. The defendant, by defence and counterclaim, alleges the property was acquired through Hon. K. N. K. Biwott for the benefit of all teachers of Keiyo South. Eleven applicants, teachers and current or former KNUT officials, applied to be enjoined as petitioners or defendants. The plaintiffs opposed, arguing the applicants had not demonstrated any registrable interest under sections 24, 25 and 30 of the Land Registration Act nor satisfied Order 1 Rule 3 of the Civil Procedure Rules. The court, without going into the merits, found the suit raised connected questions - the objectives of the self help group registered in 2010, its conversion into a limited liability company, and to whom the property was allocated - and held the applicants had a right to be enjoined as interested parties. It ordered their joinder, directing them to file a joint defence, witness statements and documents within 15 days. No costs order was made in the ruling.

Key legal issues

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01

Joinder of interested parties in a land dispute

Holding

The court allowed the joinder of the 11 applicants as interested parties, holding that they are teachers and KNUT officials with a potential interest in determining whether the suit property was allocated to all teachers of Keiyo South or only to the 46 members.

Reasoning

The court considered the application without going into its merits and found the suit raised connected issues, including the objectives of the self help group registered in 2010, its conversion into a limited liability company, and whether the property was allocated to the teachers as individuals, to the group, or to the company. Those questions could not be conclusively determined without the teachers' participation.

p. 3
02

Scope of questions arising on ownership of the suit parcel

Holding

The court framed the legal question of the objectives of the self help group and to whom the property was allocated, holding these issues involve the applicants.

Reasoning

The court observed that the suit has many connected issues concerning membership of Kerio South Teachers House, registered as a Self Help Group on 11.2.2010, and how it was converted into a limited liability company. The determination of whether teachers who never became members held any interest by virtue of being teachers from Keiyo South would necessarily involve the applicants.

p. 4

Legal principles established

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  • Teachers and current or former officials of KNUT from Keiyo South have a right to be enjoined in the suit as interested parties where the suit property is alleged to have been allocated for the benefit of all teachers of Keiyo South
  • A party with an interest in the subject matter of a suit need not file a separate suit raising the same issues

Court orders

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  1. 1.The applicants (Barnabas Lagat and 10 others) be enjoined in the suit as interested parties
  2. 2.The enjoined parties should file a joint defence, witness statements and documents they seek to rely on within 15 days from the date of the order

Authorities

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Legislation

  • Land Registration ActSections 24, 25 and 30
  • Civil Procedure Rules, 2010Order 1 Rule 3
  • Civil Procedure Rules, 2010Order 1 Rule 10
  • Civil Procedure Rules, 2010Order 4 Rule 5
Jurisdiction invoked
Order 1 Rule 3 and Order 1 Rule 10 of the Civil Procedure Rules, 2010

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, "Jonathan Kimaiyo Mengich & 2 others v David Kiprono [2015] KEELC 56 (KLR)", Case Analysis (2015). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2015/56/eng@2015-10-02

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