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ELCDismissedEldoret High Court Civil Suit (application dated 30/9/2013)· [2017] KEELC 3627 (KLR)

International Pentecostal Holiness Church (Soul Restoration Worship Centre) & 6 others v Star-Land Company Ltd & 2 others [2017] KEELC 3627 (KLR)

High Court of Kenya
3 February 2017
AOA. OMBWAYO
1,057 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's High Court refused to add a new defendant to a land dispute because the plaintiffs had no evidence linking him to the case.

What this practically means

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Executive summary

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The plaintiffs, led by Rev. Daniel Kwatutha, presiding Bishop of the International Pentecostal Holiness Church, applied by notice dated 30/9/2013 for leave to file a further amended plaint and to join Samuel Kiptala Chemelil as 4th defendant. They alleged that Chemelil acted as agent of Pacras Oyatsi, the registered owner of a 2-acre parcel off Uasin Gishu Lr 23301/30, and that he received the balance of the purchase price from the plaintiffs while producing the original title in Oyatsi's name. They contended the joinder was necessary for the court to fully and finally adjudicate the dispute, noting the land was under the Registered Titles Act register and the registered owner was abroad. The 1st defendant, Francis Pius Omweri Nyaberi, opposed through a replying affidavit, denying any agency between the intended 4th defendant and the 3rd defendant, asserting no sale agreement or documents linked the plaintiffs to the 3rd or intended 4th defendants, noting the exhibited payments related to Central Greenville S.G.H., a non-party, and arguing the application was calculated to forestall the hearing of the case, in which an injunction had been in place for over four years. The court agreed that no scintilla of evidence connected the intended 4th defendant to the 3rd defendant or any party, that the joinder would not assist in determining the real issues and would likely introduce an inconsistent cause of action, and that the application was an abuse of process. The application was dismissed with costs on 3rd February 2017 at Eldoret.

Key legal issues

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01

Whether to allow joinder and further amendment of the plaint

Holding

The application was dismissed because the plaintiffs failed to demonstrate any nexus between the intended 4th defendant and the 3rd defendant, and the amendment would not aid determination of the real dispute

Reasoning

The court found no evidence linking Samuel Kiptala Chemelil to the 3rd defendant as agent; no sale agreement or documents demonstrated any relationship between the plaintiffs and the intended defendant. The court reasoned that the joinder would not assist in determining the real issues but would likely introduce an inconsistent cause of action, and that the application was an abuse of process given the absence of any evidence supporting the claim of agency.

p. 2

Legal principles established

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  • An amendment adding a party must be supported by evidence connecting that party to the suit; otherwise it constitutes an abuse of process

Court orders

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  1. 1.The application dated 30/9/2013 seeking leave to file a further amended plaint and joinder of Samuel Kiptala Chemelil as 4th defendant is dismissed
  2. 2.Costs to the 1st defendant

Authorities

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Legislation

  • Registered Titles Act
Jurisdiction invoked
Original civil jurisdiction; application for leave to amend plaint and joinder under civil procedure law

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, "International Pentecostal Holiness Church (Soul Restoration Worship Centre) & 6 others v Star-Land Company Ltd & 2 others [2017] KEELC 3627 (KLR)", Case Analysis (2017). Eldoret High Court Civil Suit (application dated 30/9/2013). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3627/eng@2017-02-03

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