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ELCAllowedApplication dated 9/5/2019 (suit number not stated in the judgment)· [2019] KEELC 632 (KLR)

Jane Kanario Stanley & another v Clifford Mwongela & 4 others; Charles Nkuru Rutere & another (Intended Interested Parties/Applicants) [2019] KEELC 632 (KLR)

Environment and Land Court
27 November 2019
LMLucy N. Mbugua
1,072 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court allowed land buyers who paid over Kshs.5 million to join a lawsuit affecting the land they purchased.

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 Meru on an application dated 9/5/2019 by intended interested parties seeking to be enjoined in a land suit pursuant to Order 1 Rules 10(2), (3) and 25 of the Civil Procedure Rules 2010. The applicants deponed that they purchased the whole of the suit parcel, Abothuguchi/Mariene/980, from the 1st defendant on 28/12/2016 for Kshs.7,000,000, of which they had paid over Kshs.5.25 million, and that they had already sued the 1st defendant for specific performance in Meru CMCC No. 194 of 2018. They believed the present suit was a scheme by the 1st defendant and his family to frustrate the sale. None of the respondents opposed the application at the hearing, though the 1st plaintiff swore a replying affidavit contending that the plaintiffs' claim was based on trust and that the applicants should await the outcome of the suit and then claim against the 1st defendant. The court noted that the 3rd defendant's replying affidavit, filed out of time and after hearing, was disregarded. Applying the principles in Joseph Njau Kingori v Robert Maina Chege & 3 others, and finding that the applicants had paid a substantial sum and taken their agreement before the filing of the suit, the court held they had a recognizable stake and that any orders in the suit would affect their interests. The application was allowed and costs of the application were made to abide the outcome of the suit.

Key legal issues

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01

Whether the applicants should be enjoined in the suit as interested parties

Holding

The application is allowed; the applicants have a recognizable stake in the suit land and any orders in the suit will affect their interests.

Reasoning

The applicants produced a land sale agreement showing they purchased the suit parcel on 28/12/2016 and have paid Kshs.5,250,180 of the Kshs.7,000,000 consideration, leaving a balance. The present suit was filed on 12/5/2017, after the sale agreement, so its outcome would affect the applicants. Applying the Joseph Njau Kingori principles, they qualify as necessary and proper parties. The plaintiffs themselves had sought to be enjoined in the applicants' parallel suit, so fairness required reciprocation.

p. 2

Legal principles established

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  • A party seeking to be joined as an interested party must demonstrate a legal, identifiable interest or duty in the pending litigation
  • The guiding principles for joinder of an intending party are that the party must be necessary or proper, that relief must flow from the defendant, and that the decree cannot be enforced without their presence

Court orders

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  1. 1.The applicants are enjoined in the suit as interested parties
  2. 2.The costs of the application shall abide the outcome of the suit

Authorities

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Legislation

  • Civil Procedure Rules 2010Order 1 Rules 10(2), (3) and 25

Cases cited (1)

  • Joseph Njau Kingori vs. Robert Maina Chege & 3 others
    [2002] eKLR
Jurisdiction invoked
Order 1 Rules 10(2), (3) and 25 of the Civil Procedure Rules 2010

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, "Jane Kanario Stanley & another v Clifford Mwongela & 4 others; Charles Nkuru Rutere & another (Intended Interested Parties/Applicants) [2019] KEELC 632 (KLR)", Case Analysis (2019). Application dated 9/5/2019 (suit number not stated in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/632/eng@2019-11-27

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