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ELCAllowedNot stated in the judgment· [2015] KEELC 832 (KLR)

Peter Ambrose Ng’ang’a v Gladys Nyamuhu Ndegwa & 2 others [2015] KEELC 832 (KLR)

Environment and Land Court
9 October 2015
MGMARY M. GITUMBI
784 words in judgment
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The bottom line

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A Kenyan court added a rival land buyer to an ownership dispute, confirming that anyone claiming an interest from the same seller can be joined at any stage.

What this practically means

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Executive summary

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This was a ruling on a Chamber Summons dated 21 January 2015, brought by the plaintiff, Peter Ambrose Ng'ang'a, under Sections 1A, 1B, 3 and 3A of the Civil Procedure Act, Order 1 Rules 3, 10(2), 4 and 25 of the Civil Procedure Rules and Section 13(7) & (9) of the Environment & Land Court Act. The plaintiff sought to enjoin Geofrey Kamau Mbugua as 3rd Defendant in the suit and as 3rd Respondent in a pending Notice of Motion. The plaintiff averred that the suit property had been invaded and structures were being erected thereon by the proposed party, who claimed to have purchased the property from the 1st Defendant, Gladys Nyamuhu Ndegwa, but declined to divulge details of the purchase. The plaintiff's underlying claim was that he entered into an agreement with the 1st Defendant for the sale of 100 ordinary shares in Nyakinyua Investments Limited (Share Certificate No. 4567) at Kshs. 100,000/-, which he paid in full, and that the 1st Defendant was now seeking to dispossess him of the suit property. The 1st Defendant did not oppose the application. The sole issue for determination was whether Geofrey Kamau Mbugua should be enjoined as 3rd Defendant. Applying Order 1 Rules 10(2) and 3 of the Civil Procedure Rules, 2010, the court held that with both the plaintiff and the proposed party claiming ownership of the suit property, each supposedly having purchased it from the 1st Defendant, the proposed party's presence was necessary for the court to effectually and completely adjudicate on all questions. The application was allowed and costs were ordered to be in the cause. The ruling was delivered at Nairobi on 9 October 2015 by Mary M. Gitumbi, Judge.

Key legal issues

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Whether Geofrey Kamau Mbugua ought to be joined as 3rd Defendant

Holding

The application for joinder was merited; the proposed party claimed to have purchased the suit property from the 1st Defendant and his presence is necessary for effective adjudication of competing claims of ownership.

Reasoning

The court applied Order 1 Rule 10(2) and Order 1 Rule 3 of the Civil Procedure Rules, 2010. It ascertained the proposed party's involvement: he had invaded the suit property and was constructing thereon, claiming he purchased it from the 1st Defendant, while the Plaintiff claimed to have purchased 100 shares in Nyakinyua Investments Limited from the same 1st Defendant and paid in full. With both claiming ownership derived from the 1st Defendant, joinder was necessary for the court to effectually and completely adjudicate on all questions.

p. 2

Legal principles established

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  • A person whose presence before the court is necessary to enable the court effectually and completely to adjudicate upon and settle all questions in the suit may be added as a party at any stage of the proceedings under Order 1 Rule 10(2) of the Civil Procedure Rules.
  • All persons against whom any right to relief arising out of the same act or transaction is alleged to exist, where common questions of law or fact would arise, may be joined as defendants under Order 1 Rule 3.

Court orders

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  1. 1.Geofrey Kamau Mbugua is enjoined in the suit as the 3rd Defendant and as 3rd Respondent in the Notice of Motion filed
  2. 2.Costs shall be in the cause

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 3 and 3A
  • Civil Procedure Rules, 2010Order 1 Rules 3, 4, 10(2) and 25
  • Environment & Land Court ActSection 13(7) & (9)
Jurisdiction invoked
Sections 1A, 1B, 3 and 3A of the Civil Procedure Act; Order 1 Rules 3, 10(2), 4 and 25 of the Civil Procedure Rules; Section 13(7) & (9) of the Environment & Land Court Act

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, "Peter Ambrose Ng’ang’a v Gladys Nyamuhu Ndegwa & 2 others [2015] KEELC 832 (KLR)", Case Analysis (2015). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2015/832/eng@2015-10-09

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