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ELCPartially AllowedNot stated in judgment· [2018] KEELC 2059 (KLR)

Geoffrey Kiiru Kinyanjui & another v Sayid Mohammed Amin & 5 others [2018] KEELC 2059 (KLR)

Environment and Land Court
13 July 2018
DOD. O. Ohungo
1,211 words in judgment
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The bottom line

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Kenya's Environment and Land Court let land buyers join a court case over their plots and access land records, but refused to order registration before trial.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Nakuru (D. O. Ohungo, J) determined two applications for joinder in a suit whose subject matter is Naivasha/Maraigushu Block 10/2 (Kedong). By a Notice of Motion dated 6th February 2017, advocate John Githui sought to be joined as an interested party, deposing that he purchased Naivasha/Maraigushu Block 10/992 (Kedong) at an auction by KCB Bank as chargee but could not obtain records owing to an order issued in the suit on 2nd March 2016. By a Notice of Motion dated 14th July 2017, Rose Waithiegeni Gichuhi and co-applicants sought joinder and orders compelling the District Land Registrar, Naivasha to release Green Cards and perform statutory obligations for registration of transfers of thirteen parcels. The plaintiffs did not respond; the defendant opposed, contending that the plots formed part of Block 10/2 (Kedong) and that the applicants had not validly purchased them. The court held that the validity of the purchases was a matter for trial, but that the applicants' claimed interest in plots forming part of the suit property gave them a valid interest in the litigation, satisfying the test in Order 1 rule 10(2) of the Civil Procedure Rules. Seven interested parties were joined. The court declined the prayer compelling registration as premature, but ordered the Registrar to supply certified copies of green cards to the 2nd to 7th interested parties subject to payment of relevant charges, with costs of both applications in the cause.

Key legal issues

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01

Whether the applicants had a sufficient interest to be joined as interested parties in the suit over Naivasha/Maraigushu Block 10/2 (Kedong)

Holding

The applicants were joined because the plots they claimed formed part of the suit property, giving them a valid interest in the litigation; the merits of their alleged purchases were left for trial.

Reasoning

The court noted that the defendant contested the validity of the applicants' purchases, but held that was a matter for trial. The plaint showed Naivasha/Maraigushu Block 10/2 (Kedong) was the subject matter of the suit. Since the applicants claimed an interest in plots said to form part of the suit property, their presence was necessary for the court to effectually and completely adjudicate on all questions in dispute, satisfying Order 1 rule 10(2).

p. 2
02

Whether the court should direct the District Land Registrar to register transfers of the plots to the applicants

Holding

The court declined to order registration steps, treating them as premature, but permitted release of certified records (green cards) subject to payment of relevant charges.

Reasoning

The court found no bar to the registrar providing records in respect of the plots notwithstanding the existing order in the suit. However, compelling the registrar to perform obligations leading to registration of transfers would be premature at that stage, particularly since the defendant's challenge to the validity of the purchases had yet to be determined at trial. Only the supply of certified copies of green cards was ordered.

p. 2

Legal principles established

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  • A person claiming an interest in property that is the subject matter of a suit, whose presence is necessary to enable the court to determine all questions in dispute, qualifies to be joined as an interested party under Order 1 rule 10(2) of the Civil Procedure Rules; the merits of their claim are not determined at the joinder stage.

Court orders

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  1. 1.John Githui is joined to the matter as 1st Interested Party
  2. 2.Joseph Njoroge Mwangi is joined to this matter as 2nd Interested Party
  3. 3.Joseph Njoroge Mwangi, James Kamau Mbugua and Paul Kamau Kariuki as officials/Trustees of Life Reformation Church are jointly joined to this matter as 3rd Interested Party
  4. 4.Godfrey Mwangi Ndiangui is joined to this matter as 4th Interested Party
  5. 5.Rose Waithiegeni Gichuhi is joined to this matter as 5th Interested Party
  6. 6.Marcellus Marieta Oang'i is joined to this matter as 6th Interested Party
  7. 7.Hosea Muita Njoroge is joined to this matter as 7th Interested Party
  8. 8.Subject to payment of relevant charges, the District Land Registrar Naivasha is ordered to supply to the 2nd to 7th interested parties certified copies of green cards for Land Parcels Naivasha/Maraigushu Block 10/220, 260, 262, 268, 610, 810, 602, 293, 692, 751, 828, 243 and 210
  9. 9.Costs of Notice of Motion dated 6th February 2017 and Notice of Motion dated 14th July 2017 shall be in the cause

Authorities

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Legislation

  • Civil Procedure RulesOrder 1 rule 10(2)
Jurisdiction invoked
Order 1 rule 10(2) of the Civil Procedure Rules

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, "Geoffrey Kiiru Kinyanjui & another v Sayid Mohammed Amin & 5 others [2018] KEELC 2059 (KLR)", Case Analysis (2018). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2059/eng@2018-07-13

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