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ELCAllowedNot stated in judgment· [2016] KEELC 1216 (KLR)

Jacob Mungiria v Ikuyua M'Itonga [2016] KEELC 1216 (KLR)

Environment and Land Court
16 February 2016
PNP.M. Njoroge
256 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A land buyer joined as an interested party in a Meru land case won the right to be heard before any eviction could affect him.

What this practically means

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Executive summary

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The applicant, Michael Mutuma Mungania, moved the Court by a notice of application dated 13th July 2015 seeking to be enjoined in the suit as an interested party, with costs provided for. He grounded the application on his claim that he was the current owner and occupier of one acre of land comprised in L.R. No. Nkuene/Mitunguu/1070, now Parcel Nos. 2890 and 2891, having purchased it from M'Itonga M'Ituuru, the father of the defendant. He asserted that the suit had been filed without his knowledge and that, unless enjoined, he would be evicted from the land without being heard and would suffer irreparable financial loss, with no prejudice to the existing parties. The application was not contested: on 16th February 2016 the parties, by consent, asked the Court to allow it. The Court accordingly allowed the application, enjoined the applicant, and directed him to file and exchange apposite documents, including a defence, within fourteen days. Costs were ordered to be in the cause. The ruling was delivered at Meru on 16th February 2016 by P.M. Njoroge, Judge. No issues of law were contested or determined; the order rests on the parties' consent.

Key legal issues

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01

Whether to enjoin the applicant as an interested party

Holding

The application for joinder was allowed by consent of the parties, with the applicant permitted to file and exchange documents including a defence within 14 days.

Reasoning

The application sought to enjoin the applicant, who claimed to be the current owner and occupier of one acre of the suit land purchased from the defendant's father, so as not to be condemned unheard. Rather than contested litigation, the parties on 16th February 2016 consented to the court allowing the application, and the court so ordered.

p. 1

Legal principles established

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    Court orders

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    1. 1.The application dated 13th July 2015 is allowed and the applicant is enjoined as an interested party in the suit
    2. 2.The applicant is ordered to file and exchange apposite documents including a defence within 14 days
    3. 3.Costs shall be in cause
    Jurisdiction invoked
    Not stated in judgment

    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, "Jacob Mungiria v Ikuyua M'Itonga [2016] KEELC 1216 (KLR)", Case Analysis (2016). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2016/1216/eng@2016-02-16

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