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ELCAllowedNot stated in judgment (application dated 5 October 2018)· [2019] KEELC 2044 (KLR)

Charles Ondieki Onchwati & 3 Others v Nakuru County Government & another [2019] KEELC 2044 (KLR)

Environment and Land Court
31 July 2019
MSMunyao Sila
536 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 an estate administrator to join an ongoing land case as co-plaintiff because her claim mirrored the existing plaintiffs' and hurt no one.

What this practically means

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Executive summary

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This was an application dated 5 October 2018, brought under Order 1 rules 1 and 14 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act, seeking the joinder of Margaret Wangare Maina as the 5th plaintiff in a land suit pending before the Environment and Land Court at Nakuru. The underlying suit, commenced by plaint on 5 August 2014, is brought by four plaintiffs claiming to be owners of Nakuru Municipality Block 25/1109 Plots Nos. A, B, C and D, now LR Nos. 12570/238 to 241, who seek declaratory orders that they are beneficiaries of, and entitled to ownership by adverse possession of, the suit properties, alleging threats of eviction by the defendants. The defendants' position is that the parcel is a playground for Natewa Secondary School. The applicant averred that she is the beneficiary and legal administrator of the estate of the late James Maina, who died on 28 October 2009 and who was said to be the owner of Plot No. C, now LR No. 13570/240. The application was unopposed. The court found the applicant's cause of action similar to that of the existing plaintiffs, observed that her entitlement would be determined at trial with all parties heard, and held that no prejudice would ensue. The application was allowed; the plaint was to be amended to reflect the additional plaintiff and filed and served within 14 days, with the defendants at liberty to amend their defences within a further 14 days. The court made no orders as to costs.

Key legal issues

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01

Joinder of the applicant as co-plaintiff

Holding

Joinder allowed because the applicant's estate claims a portion of the disputed land, aligning her cause of action with the existing plaintiffs', and no party suffers prejudice

Reasoning

The court noted the applicant administers the estate of the late James Maina, said to have owned Plot No. C, part of the disputed land. Her cause of action mirrors the plaintiffs'. Whether the estate is entitled to the land will be determined at trial, where all parties will be heard. Joinder causes no prejudice and serves expeditious determination of all claims over the same subject matter.

p. 1

Legal principles established

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  • A party whose cause of action is similar to that of existing plaintiffs may be joined as co-plaintiff where no prejudice is caused to any party

Court orders

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  1. 1.The application dated 5 October 2018 is allowed and the applicant enjoined as an additional plaintiff
  2. 2.The plaint to be amended to reflect the additional plaintiff and her prayers
  3. 3.Amended plaint to be filed and served within 14 days
  4. 4.Defendants at liberty to amend their defences within 14 days upon service
  5. 5.No orders as to costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 1 rules 1 and 14
  • Civil Procedure ActSection 3A
Jurisdiction invoked
Order 1 rules 1 and 14 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act, Cap 21, Laws of Kenya

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Charles Ondieki Onchwati & 3 Others v Nakuru County Government & another [2019] KEELC 2044 (KLR)", Case Analysis (2019). Not stated in judgment (application dated 5 October 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2044/eng@2019-07-31

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