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ELCAllowedNot stated in the judgment provided· [2019] KEELC 175 (KLR)

Margaret Waithira Njari v John Njari Kagunyi; Lucy Wanjiku Kiniaru & another (Interested Party) [2019] KEELC 175 (KLR)

Environment and Land Court
13 December 2019
KBK. Bor
243 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court confirmed families can join a land appeal at any stage to protect their ownership interests.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Nairobi (K. Bor, J) delivered on 13 December 2019 on an application dated 17 April 2019 by Lucy Wanjiku Kiniaru and Stephen Gitau Kiniaru, administrators of the estate of the late Samuel Kiniaru Gitau, seeking to be joined as interested parties in an appeal. The subject matter comprises two parcels of land, Githunguri/Githunguri/3576 and 3577, registered in the name of Simon Kiniaru Gitau. The applicants contended that they and the deceased were unaware of the proceedings and only learnt of the suit when a search at the lands office revealed that a court order had been registered against the two parcels. The deceased had not been a party to the suit or to the appeal. The applicants wished to join the appeal to ventilate their interest in the suit land, and relied on the decision in Attorney General v Kenya Bureau of Standards and another [2018] eKLR for the proposition that a court may add a party to proceedings at any stage, including the appellate stage. The court was satisfied that the application had merit and allowed it in full. Costs were ordered to be in the cause. The ruling was delivered in the presence of counsel for the appellant and for the intended interested parties, with no appearance for the respondent.

Key legal issues

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01

Joinder of interested parties at the appellate stage

Holding

The application for joinder has merit and is allowed

Reasoning

The applicants, administrators of the estate of the late Samuel Kiniaru Gitau, whose parcels Githunguri/Githunguri/3576 and 3577 are registered in the deceased's name, claimed they were unaware of the proceedings until a search revealed a court order registered against the land. The deceased was not a party to the suit or appeal. Relying on Attorney General v Kenya Bureau of Standards, the court found joinder was warranted to enable them ventilate their interest.

p. 2

Legal principles established

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  • A court may add a party to proceedings at any stage of the suit, including the appellate stage

Court orders

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  1. 1.The application dated 17/4/2019 is allowed and the intended interested parties are joined to the appeal
  2. 2.Costs shall be in the cause

Authorities

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Cases cited (1)

  • Attorney General v Kenya Bureau of Standards and another
    [2018] eKLR
Jurisdiction invoked
Court's inherent jurisdiction to add parties to proceedings at any stage, including appellate stage

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, "Margaret Waithira Njari v John Njari Kagunyi; Lucy Wanjiku Kiniaru & another (Interested Party) [2019] KEELC 175 (KLR)", Case Analysis (2019). Not stated in the judgment provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/175/eng@2019-12-13

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