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ELCAllowedNot stated in the judgment· [2017] KEELC 3543 (KLR)

Robert Maina Wambugu & another v County Government of Narok & 4 others [2017] KEELC 3543 (KLR)

Environment and Land Court
22 February 2017
MSMunyao Sila
985 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court ruled that land disputes turn on who owns the actual ground, not plot numbers, and froze all dealings on the disputed Narok property.

What this practically means

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Executive summary

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The plaintiffs sued by plaint filed 18 February 2014 claiming allotment of Plot No. 825 Block II, Narok Town by the former Town Council of Narok in 2009, payment of the requisite monies, and possession. They pleaded that the County Government of Narok subdivided the land into 9 parcels in February 2014 and allotted them to third parties who removed their fence. They sought a permanent injunction and a declaration of ownership. The 2nd defendant, Mathew Kiriago Akama, joined earlier on the plaintiffs' motion, pleaded that he purchased Plot No. 998 Block 11 and filed a counterclaim. By motion dated 9 June 2015, the plaintiffs sought to join three further parties - Tooto Ole Sopia, Letaiyan Dikirr and Salau Ole Dikirr - as defendants. The 2nd defendant and the proposed defendants opposed, contending they held plots bearing different numbers from Plot No. 825. Munyao Sila J held that plot numbers are immaterial where the same ground is claimed; the real question is ownership of the soil, and if the plots lie on different ground the plaintiffs will have no cause of action. He allowed the joinder, granted leave to amend the plaint within 14 days, ordered that the status quo be maintained and that no party deal with or develop the disputed property, and directed that costs be in the cause.

Key legal issues

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01

Joinder of necessary parties and amendment of pleadings

Holding

The court allowed the joinder of the proposed 3rd to 5th defendants and granted leave to amend the plaint, since the plaintiffs should be permitted to enjoin all parties they consider necessary for proper determination.

Reasoning

Although the 2nd defendant and proposed defendants claimed plots bearing different numbers from Plot No. 825, the court held that plot numbering is immaterial where the same ground is claimed. If it later transpires the plots lie on different ground, the plaintiffs will have no cause of action, but they must be allowed to plead their case against all parties they feel are necessary.

p. 2
02

Preservation of the suit property pending trial

Holding

Status quo to be maintained; no dealings, structures or developments on the disputed property until the suit is heard and determined.

Reasoning

Rather than grant a conventional interlocutory injunction, the court opted for a status quo order preserving the disputed land, restraining all parties from dealings or developments, pending the full hearing of the suit.

p. 2

Legal principles established

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  • The correct focus in a land suit is ownership of the ground in dispute, not the plot number by which parties describe it; if the plots lie on different ground, no cause of action arises against the defendants.

Court orders

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  1. 1.Application allowed; the proposed 3rd to 5th defendants are enjoined as defendants
  2. 2.Leave granted to the plaintiffs to amend their plaint within 14 days
  3. 3.Status quo prevailing to be maintained until the case is heard and determined
  4. 4.No party to enter into any dealings in relation to the property and no party to make any structures or developments on the disputed property
  5. 5.Costs in the cause
Jurisdiction invoked
Environment and Land Court Act (original jurisdiction over land disputes); not expressly cited in the 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, "Robert Maina Wambugu & another v County Government of Narok & 4 others [2017] KEELC 3543 (KLR)", Case Analysis (2017). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3543/eng@2017-02-22

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