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ELCDismissedNotice of Motion dated 31st May 2019 (suit over land parcel Mwerua/Kagioni/504, later Mwerua/Baricho/208)· [2019] KEELC 1583 (KLR)

Loise Kanyakora Warui & another v Gladys Njeri Muriuki [2019] KEELC 1583 (KLR)

Environment and Land Court
20 September 2019
ECE.C. Cherono
609 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 refused to join family members as interested parties in a land trust case, ruling their mother could argue the same points herself.

What this practically means

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Executive summary

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This was a ruling on a Notice of Motion dated 31st May 2019 by which Michael Murimi Muriuki, Anne Syliviah, Nyawira Muriuki and Evangeline Muthoni Muriuki sought to be enjoined as interested parties in a land suit at Kerugoya, invoking Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules. The applicants claimed beneficial interest in land parcel Mwerua/Kagioni/504, later Mwerua/Baricho/208, alleging it belonged to their late father Christopher Muriuki Warui and was registered in the name of the defendant, their mother, to hold in trust for them before she subdivided it. The plaintiffs opposed, deposing through the 2nd plaintiff that the parties had consented to arbitration under Order 46, an award dated 12th July 2018 was filed in court, and the application was brought in bad faith to delay the case. The underlying suit by the plaintiffs sought determination of trust and registration of parcels Mwerua/Baricho/1408, 1412, 1413, 1416 and 1418, registered in the defendant's name, in the plaintiffs' names. E.C. Cherono, ELC Judge, held that the defendant, as registered proprietor, could ventilate the trust issues without the applicants being joined, that the same issues were already before the court, and that joinder would serve no useful purpose but only prolong the suit. The motion was dismissed with costs to be in the cause on 20th September 2019.

Key legal issues

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Whether the applicants should be joined as interested parties

Holding

Joinder refused; the defendant, as registered proprietor alleged to hold in trust, can raise the same issues, and joinder would only delay the suit

Reasoning

The court noted the applicants allege the defendant, their mother, holds the suit land in trust for them. The defendant is capable of ventilating those issues herself. The plaintiffs plead the same trust issues, so the applicants' presence would not change the determination; it would only prolong the suit. The motion was therefore dismissed with costs in the cause.

p. 1

Legal principles established

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  • A proposed interested party need not be joined where the existing parties can adequately ventilate the issues and joinder would serve no useful purpose

Court orders

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  1. 1.The Notice of Motion dated 31st May 2019 is dismissed with costs to be in the cause

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 3A, 63(e)
  • Civil Procedure RulesOrder 51 Rule 1
  • Civil Procedure RulesOrder 46 (arbitration)
Jurisdiction invoked
Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act and Order 51 Rule 1 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, "Loise Kanyakora Warui & another v Gladys Njeri Muriuki [2019] KEELC 1583 (KLR)", Case Analysis (2019). Notice of Motion dated 31st May 2019 (suit over land parcel Mwerua/Kagioni/504, later Mwerua/Baricho/208). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1583/eng@2019-09-20

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