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ELCDismissedApplication dated 21 May 2015 (Nakuru HCCC - suit over Mau Narok/Siapei Block 6 parcels)· [2015] KEELC 347 (KLR)

Samuel Ng’ang’a Ndirangu, Elizabeth Wambui Mwangi, Stanley Kamau Ndirangu, Eunice Muthoni Kariuki, Lucy Wanjiru Muratha, Eunice Ruguru Nganga, Pharis Kariuki Muratha, Silvester Momanyi Marube, Kanui Wamara Kaniu & Teresian Gathoni Mara v Joseph Gathoni Irungu (Civil Case 133, 134, 258 of 2010) [2015] KEELC 347 (KLR)

Environment and Land Court
18 June 2015
834 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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The Environment and Land Court at Nakuru (Munyao Sila, J) delivered a ruling on an application dated 21 May 2015 by Stephen Karimi Muruga and Peter Gichuki Njuguna seeking to be enjoined to the suit as plaintiffs. The applicants relied on a consent in Nakuru HCCC No. 223 of 2004 granting them 120 acres to be excised from L.R No. 8669/1, and cited other pending suits over the same subject matter - Nakuru HCCC No. 177 of 2007 (Consolata Wangechi Kuria & 403 Others v Joseph Mathenge Muturi & 4 Others), Nakuru HCCC No. 134 of 2010 (David Muchai Wanganga & 11 Others v Wilson Siiya) and Nakuru HCCC No. 258 of 2010 (Bahati Women Co. Ltd v Joseph Muturi Mathenge & 25 Others) - arguing that their joinder was necessary for a comprehensive determination of all issues over L.R No. 8669/1. The application was unopposed by both plaintiffs and defendants. The court nonetheless declined it, holding that a person cannot be joined as plaintiff without an ascertainable claim and disclosed prayers against the named defendant, and that the applicants had not shown any nexus between their 120-acre interest and the Mau Narok/Siapei Block 6 parcels in dispute, nor any interest in the company's affairs. The application was dismissed with no orders as to costs.

Key legal issues

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01

Whether an application for joinder as plaintiff can be allowed where the intended plaintiff discloses no claim against the defendant

Holding

The application fails; joinder requires an ascertainable claim and disclosed prayers against the defendant, none of which was shown.

Reasoning

The court held that joinder as plaintiff is not granted merely because parties do not oppose it. The applicant must show the claim and orders they intend to pursue against the named defendant so the court can assess whether the claim is agitable in the suit. Here the applicants only asserted a decree over L.R No. 8669/1 from a compromised Nakuru HCCC No. 223 of 2004, without linking it to the trespass claim over Mau Narok/Siapei Block 6 parcels.

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02

Whether the applicants demonstrated a nexus between their interest and the matters in the suit and other pending suits

Holding

No nexus was demonstrated between the applicants' 120 acres and the parcels in issue in the suit or the mentioned cases.

Reasoning

The court examined the pleadings in Nakuru HCCC No. 134 of 2010 (trespass claim over Mau Narok/Siapei Block 6/407 et seq against Wilson Siiya) and Nakuru HCCC No. 177 of 2007 (404 shareholders challenging introduction of members/directors of Bahati Women Group). Neither suit implicated the applicants' claimed 120 acres from L.R No. 8669/1, nor their interest in the company's affairs.

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Legal principles established

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  • A person cannot be joined as a plaintiff in an existing suit unless they have an ascertainable claim against the named defendant which may be agitated within that suit.
  • Joinder requires disclosure of the rights or prayers the intended party wishes to pursue, so the court can assess whether the claim belongs in the suit.

Court orders

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  1. 1.The application dated 21 May 2015 seeking joinder as plaintiffs is dismissed.
  2. 2.No orders as to costs, the other parties having had no objection to the application.
Jurisdiction invoked
Inherent powers of the Environment and Land Court over land suits and joinder of parties (civil procedure governing joinder)

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, "Samuel Ng’ang’a Ndirangu, Elizabeth Wambui Mwangi, Stanley Kamau Ndirangu, Eunice Muthoni Kariuki, Lucy Wanjiru Muratha, Eunice Ruguru Nganga, Pharis Kariuki Muratha, Silvester Momanyi Marube, Kanui Wamara Kaniu & Teresian Gathoni Mara v Joseph Gathoni Irungu (Civil Case 133, 134, 258 of 2010) [2015] KEELC 347 (KLR)", Case Analysis (2015). Application dated 21 May 2015 (Nakuru HCCC - suit over Mau Narok/Siapei Block 6 parcels). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2015/347/eng@2015-06-18

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