Moses Saningo Naiguran v Geoffrey Makana Asanyo [2017] KEELC 2429 (KLR)
The bottom line
#The High Court dismissed a late attempt to amend a land case, confirming co-administrators need only give consent—not join as parties—and the Land Registrar cannot be sued.
What this practically means
#Executive summary
#Key legal issues
#Discretion to grant amendment and stay of proceedings
Amendment refused where the applicant had already been given an opportunity to amend and filed the application only after pleadings closed and the suit was set down for hearing.
The court held that the applicant was earlier granted the chance to amend his pleading but elected not to. Bringing a late amendment application at the hearing stage serves only to delay the expeditious disposal of the suit, so the discretion under Order 8 rule 3 was not warranted.
Joinder of co-administrators
Co-administrators of a deceased's estate need not all be joined as parties; consent suffices.
The court stated there is no legal requirement compelling joinder of all administrators. The only requirement is obtaining the consent of the other administrator(s) where more than one exists, and obtaining consent does not entail making them parties.
Suing the Land Registrar
The Land Registrar cannot be sued as a legal entity; claims against government officers acting officially lie against the Attorney General under the Government Proceedings Act.
The court reasoned that the Government Proceedings Act (Chapter 40) regulates proceedings against the state and state officers acting in official conduct. Since the alleged illegality was perpetuated by the Land Registrar acting officially, the proper party is the Attorney General, and the Registrar himself is not suable.
Legal principles established
#- Where there is more than one administrator, the consent of the other administrator(s) must be sought, but co-administrators need not be joined as parties to the suit.
- Where a government officer acting in official capacity commits a wrong, the Attorney General ought to be sued, not the officer.
- A Land Registrar is not a legal entity capable of being sued.
Court orders
#- 1.Application dated 5th May, 2017 dismissed with no order as to costs
- Jurisdiction invoked
- Order 1 Rule 6 and Order 8 Rule 3 of the Civil Procedure Rules, section 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Moses Saningo Naiguran v Geoffrey Makana Asanyo [2017] KEELC 2429 (KLR)", Case Analysis (2017). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/2429/eng@2017-07-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.