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ELCPartially AllowedELC Suit of 2007 (Kajiado)· [2018] KEELC 4671 (KLR)

Leonard Riopa Rorian Pasha v Elijah Tiende Ole Kula & 4 others [2018] KEELC 4671 (KLR)

Environment and Land Court
17 January 2018
COChristine Ochieng
2,002 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan land court allowed a company owning neighbouring land to join an ongoing suit because court-ordered beacons could affect its property.

What this practically means

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Executive summary

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The Intended Interested Party, Tiger Farm (Isenya) Limited, moved the Court by Notice of Motion dated 2nd November 2017 seeking to be enjoined in this 2007 land suit. The company is the registered proprietor of KAJIADO/KAPUTEI-NORTH/1117, purchased from the 1st Defendant in 1994, and was apprehensive that a court order of 27th September 2017 directing a resurvey and planting of beacons would alienate part of its land. It contended it had not been party to the proceedings giving rise to those orders. The Plaintiff opposed, arguing the dispute dated back to a 1990 determination by the Kajiado Land Registrar and earlier High Court litigation by the Plaintiff's late father which abated on his death, that the applicant shared counsel with the 1st Defendant and was aware of the suit, and that the beacon had already been fixed on 8th November 2017. The court framed a single issue: whether the intended interested party should be enjoined. Relying on Order 1 Rule 10 of the Civil Procedure Rules and the principles in Joseph Njau Kingori v Robert Maina Chege (necessary/proper party, decree unenforceable without its presence), the court found the applicant met the criteria as absolute proprietor of the affected parcel, held it had a constitutional right to be heard, and found no prejudice to the plaintiff or defendants. The application was allowed and costs were made costs in the cause.

Key legal issues

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01

Whether the intended interested party should be enjoined in the suit

Holding

The application is allowed; the company is joined as an interested party

Reasoning

The applicant is the registered absolute proprietor of KAJIADO/KAPUTEI-NORTH/1117, purchased in 1994 for valuable consideration, and claims to be adversely affected by the orders of 27th September 2017 directing resurvey and planting of beacons. Under Order 1 Rule 10 of the Civil Procedure Rules and the Kingori principles, its presence is necessary for the court to effectually and completely adjudicate; the decree cannot be enforced without it. No prejudice would be suffered by the plaintiff or defendants.

p. 3

Legal principles established

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  • Guiding principles for joinder of an interested party: the applicant must be a necessary or proper party whose presence is necessary to enable the court effectually and completely adjudicate on all questions in the suit

Court orders

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  1. 1.The intended interested party, Tiger Farm (Isenya) Limited, is enjoined in the suit as an interested party
  2. 2.Costs will be in the cause

Authorities

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Legislation

  • Constitution of KenyaArticles 31 and 40
  • Environment and Land Court ActSection 19(3)(f) and (h)
  • Civil Procedure ActSections 14, 1B and 63
  • Civil Procedure RulesOrder 1 Rule 10, Order 40, Order 51

Cases cited (1)

  • Joseph Njau Kingori vs. Robert Maina Chege & 3 others
    [2002] eKLR
Jurisdiction invoked
Article 31 and 40 of the Constitution; Section 19(3)(f) and (h) of the Environment and Land Court Act; Sections 14, 1B & 63 of the Civil Procedure Act; Order 1 rule 10, Orders 40 and 51 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Leonard Riopa Rorian Pasha v Elijah Tiende Ole Kula & 4 others [2018] KEELC 4671 (KLR)", Case Analysis (2018). ELC Suit of 2007 (Kajiado). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/4671/eng@2018-01-17

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