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ELCPartially AllowedApplication dated 27th June 2019 (suit over parcel KIIRUA/NAARI/54 and subdivisions KIIRUA/NAARI/5257-5262)· [2019] KEELC 701 (KLR)

Kennon Mwiti Mbae (Suing as the Legal Representative of The Estate of Silas Judah Mbae Deceased) v Zaverio Kiamba Mwamba & 4 others ;Festus Riungu Rimberia (Intended Interested Party) [2019] KEELC 701 (KLR)

Environment and Land Court
27 November 2019
LMLucy N. Mbugua
865 words in judgment
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The bottom line

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Kenya's Environment and Land Court allowed a land buyer to join an ongoing ownership case because his 1990s sale agreements gave him a direct, identifiable stake.

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 27th June 2019 by Festus Riungu Rimbera, who sought to be enjoined as an interested party in a suit in which the plaintiff seeks cancellation of the title issued to the 1st Defendant over land parcel NO. KIIRUA/NAARI/54 and its subsequent subdivisions L.R. NOS. KIIRUA/NAARI/5257 to 5262. The plaintiff alleged the suit land belonged to his deceased father, Silas Judah Mbae, and that he discovered the registration in the 1st Defendant's name only when seeking to register the beneficiaries of the estate. The applicant stated he purchased one acre in 1990 and a further 3½ acres in 1993 from Stephen Mwamba Ngare, was put in possession, but the vendor died before transfer; he learned of the suit only when he visited the lands registry. The plaintiff opposed, arguing the applicant's claim did not relate to the parties and was time barred as the transactions occurred 29 years earlier. The court, applying Order 1 Rule 10(2) of the Civil Procedure Rules and the criteria in Francis Kariuki Muruatetu & another v Republic & 5 others [2016] eKLR, held that the applicant's agreements showed a direct interest in the suit land and that the limitation issue could be raised once he was joined. The court noted other interested parties had been or were being enjoined. The application was allowed with no orders as to costs.

Key legal issues

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01

Whether the intended interested party had a sufficient interest to be joined

Holding

The applicant's claim arose out of sale agreements over the suit land, giving him a direct interest warranting joinder

Reasoning

The applicant produced agreements dated 10.5.1990 and 24.11.1993 over parcel KIIRUA/NAARI/54, the suit land. The court found the dispute over how he transacted with Stephen Mwamba when the land was registered to Silas Judah Mbae relevant to the suit, and noted joinder of other interested parties had already been allowed. The limitation question could be raised once the applicant was on board.

p. 2
02

Whether limitation of the applicant's claim defeated the joinder

Holding

Limitation was a matter to be raised after joinder, not a bar to enjoinment

Reasoning

The plaintiff opposed the application arguing the alleged transaction was 29 years old and time barred. The court held this issue could be addressed once the applicant was a party to the proceedings, and therefore did not prevent joinder.

p. 2

Legal principles established

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  • A party seeking to be enjoined as an interested party must demonstrate a personal interest or stake that is clearly identifiable and proximate, prejudice from non-joinder, and the relevance of the submissions it intends to make

Court orders

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  1. 1.The application dated 27.6.2019 is allowed with no orders as to costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 1 Rule 10(2)

Cases cited (1)

  • Francis Kariuki Muruatetu & another v Republic & 5 others
    [2016] eKLR
Jurisdiction invoked
Order 1 Rule 10(2) of the Civil Procedure Rules

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, "Kennon Mwiti Mbae (Suing as the Legal Representative of The Estate of Silas Judah Mbae Deceased) v Zaverio Kiamba Mwamba & 4 others ;Festus Riungu Rimberia (Intended Interested Party) [2019] KEELC 701 (KLR)", Case Analysis (2019). Application dated 27th June 2019 (suit over parcel KIIRUA/NAARI/54 and subdivisions KIIRUA/NAARI/5257-5262). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/701/eng@2019-11-27

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