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ELCAllowedELC Case 83 of 2017· [2019] KEELC 2562 (KLR)

Maryann Mohamed Cheabril (Suing as the administrator of the estate of Asha Jabril Mohamed (deceased) v Michael Koome Mburugu & 6 others [2019] KEELC 2562 (KLR)

Environment and Land Court
15 July 2019
PNP.M. Njoroge
926 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan land court allowed a family to amend their case and join government officials to resolve a double-titled Isiolo plot.

What this practically means

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Executive summary

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By a notice of motion dated 27 June 2018, the plaintiff, acting through Ahmed Khadhar Mohamed under a Special Power of Attorney on behalf of the administratrix of the estate of the late Asha Jabril Mohamed, sought leave to amend the plaint and to join the Chief Land Registrar, the National Land Commission, the Director of Survey and the Attorney General as 4th, 5th, 6th and 7th defendants. The suit concerns land LR No. 7918/107 in Isiolo, allotted to the deceased in 1986 by the County Council of Isiolo, which the plaintiff contends is the same spatial location as Isiolo Township Block 4/144 registered in 2001 in the name of the 3rd defendant and sold to the 1st defendant in 2016. The plaintiff argued the joinder was necessary to interrogate the genuineness of both titles, that there was no inordinate delay, no prejudice to existing defendants, and that the case had not been heard on merits. The application was unopposed; only the plaintiff's advocate, Mr. Ndege, attended and relied on the supporting affidavit. Justice P.M. Njoroge allowed the application to enable all germane issues to be ventilated. Prayers 1 and 2 were allowed, costs were made costs in the cause, the plaintiff was directed to serve the orders on all defendants within 14 days, parties were to comply with Order 11 within 30 days, and directions were set for 25 September 2019.

Key legal issues

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01

Joinder of necessary parties and amendment of plaint

Holding

Leave granted where the proposed defendants (land registry officials, NLC, Director of Survey, Attorney General) are necessary to resolve competing title claims

Reasoning

The plaintiff alleged two titles over the same parcel - one allotted in 1986 and another registered in 2001 over the same spatial location. The court found joining the Chief Land Registrar, NLC, Director of Survey and Attorney General necessary to interrogate the genuineness of both titles and dispense with all issues at once, the application being unopposed and case unheard on merits.

p. 2

Legal principles established

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  • An unopposed application for amendment and joinder of necessary parties may be allowed to enable all germane issues to be ventilated

Court orders

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  1. 1.Prayers 1 and 2 in the application are allowed (leave to amend the plaint and join four additional defendants)
  2. 2.Costs shall be in the cause
  3. 3.Plaintiff to serve the orders upon the 1st to 7th defendants within 14 days
  4. 4.All parties to fully comply with order 11 of the Civil Procedure Rules within 30 days
  5. 5.Parties to come to court for directions on 25th September, 2019

Authorities

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Legislation

  • Civil Procedure RulesOrder 11
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court; Civil Procedure Rules (Order 11) applied to interlocutory application

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, "Maryann Mohamed Cheabril (Suing as the administrator of the estate of Asha Jabril Mohamed (deceased) v Michael Koome Mburugu & 6 others [2019] KEELC 2562 (KLR)", Case Analysis (2019). ELC Case 83 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2562/eng@2019-07-15

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