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ELCPartially AllowedELC Case of 2017 (Kajiado)· [2018] KEELC 2771 (KLR)

Local Authorities Provident Fund (LAPFUND) v Daniel Kasirimo ole Muyaa [2018] KEELC 2771 (KLR)

Environment and Land Court
19 June 2018
COChristine Ochieng
2,994 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~12 min to read original · ~4 min brief

The bottom line

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A Kenyan land court added two key parties to a property dispute and allowed a late defence, showing courts prioritize full resolution over procedural delay.

What this practically means

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Executive summary

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The Defendant, Daniel Kasirimo Ole Muyaa, brought a Notice of Motion dated 4th April 2017 under section 3 of the Environment and Land Court Act, Order 1 Rule 10(2) of the Civil Procedure Rules and Article 159(2) of the Constitution, seeking to enjoin ABRAHAM KIPSANG KIPTANUI and TERRY CHEBET MAINA in the suit and to extend time to file a Defence and Counterclaim. The Plaintiff opposed the application through Grounds of Opposition, contending that there was no privity of contract between it and the proposed parties, that the parcels they dealt with differed from the suit property KAJIADO/KAPUTIEI-NORTH/52489, and that joinder would delay the suit. The court framed two issues: whether the two proposed parties should be enjoined, and whether the Defendant should be granted leave to file a Defence and Counterclaim out of time. Relying on Order 1 Rule 10, the Supreme Court's definition of an interested party in Trusted Society of Human Rights Alliance v Mumo Matemo, and the joinder principles in Joseph Njau Kingori v Robert Maina Chege, the court found that the Plaintiff had itself admitted purchasing the land from TERRY CHEBET MAINA and that the title traced to the parcel the Defendant allegedly sold to ABRAHAM KIPTANUI. Their presence was therefore necessary for the effectual adjudication of the suit and no prejudice would be suffered by the Plaintiff. The court, however, directed that the two be joined as Defendants rather than co-plaintiffs. The Defence and Counterclaim filed on 4th April 2017 was deemed properly on record. Costs of the application were made costs in the cause.

Key legal issues

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01

Whether TERRY CHEBET MAINA and ABRAHAM KIPTANUI should be enjoined in the suit

Holding

Yes, but as Defendants rather than co-plaintiffs

Reasoning

The court noted the Plaintiff admitted buying the suit land from TERRY CHEBET MAINA and the title showed the land derived from a subdivision traceable to the parcel the Defendant sold to ABRAHAM KIPTANUI. These contested facts required viva voce evidence. Applying Order 1 Rule 10(2) and the principles in Trusted Society and Joseph Njau Kingori, their presence was necessary to enable the Court completely adjudicate, and no prejudice would befall the Plaintiff.

p. 3
02

Whether the Defendant should be allowed to file Defence and Counterclaim out of time

Holding

Yes; the already-filed Defence and Counterclaim was deemed properly on record

Reasoning

The court observed that the Defendant had already filed his Defence and Counterclaim on 4th April, 2017 and directed it be deemed properly on record. The Defendant's illness and confinement to a wheelchair explained the delay. No detailed analysis was given.

p. 3

Legal principles established

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  • An interested party is one who has a stake in the proceedings and will be affected by the decision of the Court either way
  • A person whose presence is necessary to enable the Court effectually and completely adjudicate upon and settle all questions in the suit may be added as a party at any stage

Court orders

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  1. 1.TERRY CHEBET MAINA and ABRAHAM KIPTANUI be enjoined in this suit as Defendants
  2. 2.The Defence and Counterclaim filed on 4th April, 2017 be deemed to be properly on record
  3. 3.Costs of the application to be in the cause
Jurisdiction invoked
Section 3 of the Environment and Land Court Act; Order 1 Rule 10(2) of the Civil Procedure Rules; Article 159(2) of the Constitution

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, "Local Authorities Provident Fund (LAPFUND) v Daniel Kasirimo ole Muyaa [2018] KEELC 2771 (KLR)", Case Analysis (2018). ELC Case of 2017 (Kajiado). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/2771/eng@2018-06-19

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