Lucy Wambui Muriithi & 2 others v Dorcase Muthoni Karani & 5 others [2019] KEELC 1579 (KLR)
The bottom line
#A Kenyan court refused to add a third party to a land dispute because the applicants couldn't show any real link between him and the case.
What this practically means
#Executive summary
#Key legal issues
#Requirements for issuance of a third party notice under Order 1 Rule 15 CPR
The applicants failed to show that the issues between the defendant and the proposed third party are substantially the same as those between plaintiff and defendant; no causal link was demonstrated.
Order 1 Rule 15 requires that the defendant claim contribution, indemnity, or that a question relating to the subject matter be substantially the same as between plaintiff and defendant. The applicants only stated it would be prudent to enjoin the proposed third party to clarify issues regarding the Estate of Rubui Kabagi without disclosing those issues, so the threshold for the orders sought was not satisfied.
Test for joinder of parties under Order 1 CPR
Joinder requires a common question of law or fact; it may be refused where it causes practical problems, is unnecessary, or occasions unnecessary delay or costs.
The court restated the law that joinder should be permitted for parties with a right to relief arising out of the same act or transaction, and that a court may add a necessary party even suo motu. However, applying the Supreme Court's elements in Muruatetu, the applicants did not identify any proximate, clearly identifiable interest of the proposed party in the existing cause of action, so joinder was declined.
Legal principles established
#- The determining factor for joinder of parties is that an applicant must establish a common question of fact or law between the existing and intended parties
- To join a third party, the subject matter and original cause of action between the third party and the defendant must be the same as between plaintiff and defendant
Court orders
#- 1.The application dated 19th November 2015 is dismissed with costs
- Jurisdiction invoked
- Order 1 Rules 3, 11 & 14 and Sections 1A & 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lucy Wambui Muriithi & 2 others v Dorcase Muthoni Karani & 5 others [2019] KEELC 1579 (KLR)", Case Analysis (2019). Notice of Motion dated 19th November 2015 (ELC, Kerugoya). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1579/eng@2019-09-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.