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ELCPartially AllowedRuling in consolidated suits: Nakuru HCCC No. 12 of 2008, Nakuru HCCC No. 18 of 2008 and Nakuru ELC No. 348 of 2013· [2019] KEELC 1923 (KLR)

Rift Valley Water Services Board & another v Prakash Shah & 2 others [2019] KEELC 1923 (KLR)

Environment and Land Court
3 July 2019
MSMunyao Sila
830 words in judgment
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The bottom line

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Kenya's Environment and Land Court allowed Nakuru County Government to join a land ownership dispute as an interested party because it is the head lessor of the suit land.

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 Nakuru (Munyao Sila, J) on a notice of motion dated 27 March 2019 by the County Government of Nakuru seeking to be enjoined as an interested party in consolidated suits (Nakuru HCCC No. 18 of 2008 and Nakuru ELC No. 348 of 2013) concerning ownership of land parcel Nakuru/Municipality/Block 11/672. Mr. Shah holds a leasehold title over the land granted by the defunct Municipal Council of Nakuru, of which the applicant County Government is the successor in title and head owner. The title is challenged by the Rift Valley Water Services Board and Nakuru Water & Sanitation Services Company Limited, who claim the land was reserved for a water treatment plant. The suit had reached the defence hearing stage. All parties except Mr. Shah did not oppose the application. Mr. Shah argued there was no scope for joinder, that the applicant should file a separate suit, that joinder would derail proceedings nearing closure, and that no map or material showed the applicant's interest. Counsel for Mr. Shah also submitted that the Civil Procedure Rules make no provision for interested parties, yet cited the Supreme Court's Muruatetu decision on the principles governing such joinder. The court held that joinder is discretionary and that a party whose presence is necessary for full adjudication, with a clear interest making a separate suit imprudent, ought to be enjoined. As head lessor from whom Mr. Shah derives title, the applicant had a direct stake and possibly valuable information. The application was allowed with no orders as to costs; directions on the interested party's participation were reserved.

Key legal issues

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01

Whether the County Government of Nakuru qualifies for joinder as an interested party

Holding

Joinder allowed; the applicant, as head lessor and successor in title of the defunct Municipal Council of Nakuru from whom Mr. Shah derives his title, has a clear interest in the suit land and may hold valuable information for the court.

Reasoning

The court held that the dispute concerns land whose principal/head owner is the applicant, being successor of the defunct Municipal Council of Nakuru which granted Mr. Shah his leasehold title. Applying the Muruatetu principles on interested parties, the judge found the applicant's presence necessary for full adjudication and that it need not file a separate suit. All parties except Mr. Shah did not oppose the application, and no circumstances militated against joinder.

p. 2

Legal principles established

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  • The joinder of an interested party is discretionary; where a party's presence is necessary for full adjudication and it has a clear interest making a separate suit imprudent, it should be enjoined absent countervailing circumstances.

Court orders

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  1. 1.The application dated 27 March 2019 is allowed and the County Government of Nakuru is enjoined as an interested party in the consolidated suits
  2. 2.No orders as to costs
  3. 3.Further directions on the participation of the interested party to be given after delivery of the ruling

Authorities

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Legislation

  • Civil Procedure Rulesnot specified

Cases cited (1)

  • Francis Karioki Muruatetu & Another vs Republic & 4 Others
Jurisdiction invoked
Inherent discretion of the court to enjoin interested parties; Civil Procedure Rules (noted by counsel to contain no express provision for interested parties)

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, "Rift Valley Water Services Board & another v Prakash Shah & 2 others [2019] KEELC 1923 (KLR)", Case Analysis (2019). Ruling in consolidated suits: Nakuru HCCC No. 12 of 2008, Nakuru HCCC No. 18 of 2008 and Nakuru ELC No. 348 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1923/eng@2019-07-03

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