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ELCAllowedApplication dated 15/1/2018 in the Petition· [2018] KEELC 3644 (KLR)

William Abok v National Land Commission, Turkana County Land Management Board, Attorney General, John Egielan & Reedemed Gospel Church [2018] KEELC 3644 (KLR)

Environment and Land Court
23 April 2018
MNMwangi Njoroge
537 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 allowed a church that bought part of disputed land to join the case as an interested party, confirming land buyers deserve a hearing.

What this practically means

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Executive summary

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This is a ruling by Mwangi Njoroge, Judge of the Environment and Land Court at Kitale, delivered on 23 April 2018, on an application dated 15 January 2018 by the Redeemed Gospel Church - Lodwar seeking to be enjoined as an interested party in a petition concerning land. The Church stated it had bought a 5-acre portion of the suit land from the petitioner, taken possession, and constructed a School and Mission Centre, and would be affected by any adverse orders. The application was supported by the affidavit of Pastor John Masika and opposed by the 4th respondent, who argued it was defective for want of proper rule citation, that no sale contract was exhibited, and that no rights had crystallised absent survey, subdivision, planning or transfer. In reply, the Church filed a further affidavit exhibiting sale agreements dated 18 August 2014 with the petitioner and 20 August 2014 with one William Abou. The court held that the petition straddled both public and private law rights, as it would pronounce on acts of public bodies affecting the petitioner's real property, part of which the Church had purportedly bought. Having demonstrated real and valuable consideration over part of the property, it would be unfair to deny the Church a hearing, and the 4th respondent showed no prejudice; no other party opposed. The court allowed the application, granted prayer No. 2, and directed the interested party to file and serve its documents within 21 days. No costs order was made.

Key legal issues

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01

Joinder of an interested party in petition proceedings concerning land

Holding

The Church, having purchased a portion of the suit land and being in possession, demonstrated a real and valuable interest and could not be denied a hearing; the application was granted despite the 4th respondent's objections.

Reasoning

The court held the petition was not confined to public law rights but straddled both public and private law rights, since it would pronounce on the acts of public bodies affecting the petitioner's real property. The interested party had exhibited sale agreements over part of the property and was in occupation. Denial of a hearing would be unfair, and the 4th respondent demonstrated no prejudice from the joinder; only that respondent opposed.

p. 2

Legal principles established

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  • Where proceedings straddle public law and private law rights over real property, a party with a real interest in the property ought to be heard.

Court orders

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  1. 1.Application dated 15/1/2018 granted; prayer No. 2 thereof granted, enjoining the Redeemed Gospel Church - Lodwar as an interested party
  2. 2.The interested party to file and serve documents in support of or in opposition to the petition within 21 days of the order
Jurisdiction invoked
Inherent power to enjoin an interested party in petition proceedings concerning real property rights

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, "William Abok v National Land Commission, Turkana County Land Management Board, Attorney General, John Egielan & Reedemed Gospel Church [2018] KEELC 3644 (KLR)", Case Analysis (2018). Application dated 15/1/2018 in the Petition. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3644/eng@2018-04-23

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