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ELCDismissedNotice of Motion dated 11th March 2019· [2019] KEELC 164 (KLR)

Samvo Limited v Delta Haulage Services Limited & another ; Christopher Mugonye Wamae & another (Interested Party) [2019] KEELC 164 (KLR)

Environment and Land Court
31 October 2019
EOE.O. Obaga
957 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 ruled that interested parties in a land dispute cannot upgrade themselves to defendants to introduce new claims years after joining a case.

What this practically means

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Executive summary

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This ruling by the Environment and Land Court (Obaga J) at Nairobi determined a Notice of Motion dated 11th March 2019 by which the 1st and 2nd interested parties, Christopher Mugonye Wamae and Alexander Kungu Maina, sought to be joined as defendants in a consolidated land suit and granted leave to file a defence and counterclaim. The applicants had previously been enjoined as interested parties by an order of 12th June 2015 on the basis that they had sold Nairobi/Block 17/556 and 557 to Mr Li Wen Jie on 13th January 2013, and that their presence was necessary for effective adjudication. Four years later they sought to convert their status to defendants, contending they had not received proper advice and could only articulate their case as defendants. The plaintiff/respondent opposed, arguing the application had no foundation in law, that the intended claim would be statute barred, and that any claim would belong to Consumer Hire Purchase Limited which the applicants claimed was defrauded. The defendants/respondents also opposed, contending no relief was sought against the applicants, that a plaintiff cannot be compelled to add defendants, and that joinder would prejudice the suit by reopening it. Applying the Supreme Court's decision in Francis Karioko Muruatetu & Another v Republic & 5 Others on the limited role of interested parties, the court held that interested parties may not frame or introduce new issues, and that the applicants, having sold their interests, could not now mount a defence and counterclaim introducing an altogether new claim. The application was dismissed with costs to the respondents.

Key legal issues

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01

Whether interested parties may be converted into defendants to introduce a new claim and counterclaim

Holding

The application for joinder as defendants was dismissed; interested parties cannot introduce new issues or claims into a suit between principal parties

Reasoning

The applicants had been enjoined as interested parties in 2015 to assist the court adjudicate the dispute, no relief was claimed against them, and they had sold their interests in 2013. Coming four years later to convert into defendants and mount a defence and counterclaim would introduce an altogether new claim, contrary to the principles set out in Muruatetu on the limited role of interested parties.

p. 2

Legal principles established

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  • An interested party may not frame its own issues or introduce new issues for determination by the court

Court orders

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  1. 1.The Notice of Motion dated 11th March 2019 is dismissed with costs to the respondents

Authorities

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Cases cited (1)

  • Francis Karioko Muruatetu & Another Vs Republic & 5 Others
    [2016] eKLR
Jurisdiction invoked
Inherent powers of the court to regulate joinder of parties (not expressly cited)

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, "Samvo Limited v Delta Haulage Services Limited & another ; Christopher Mugonye Wamae & another (Interested Party) [2019] KEELC 164 (KLR)", Case Analysis (2019). Notice of Motion dated 11th March 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/164/eng@2019-10-31

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