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ELCDismissedNot stated in the judgment (Notice of Motion dated 13th January, 2020)· [2020] KEELC 90 (KLR)

Wilfred Ng’ang’a Ngaruiya v Registered Trustees Of Faith Mission Church & 10 others; Mathew Muli Mutiso & 7 others (Proposed Interested Parties) [2020] KEELC 90 (KLR)

Environment and Land Court
29 January 2021
OAO.A. Angote
1,697 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 eight land buyers to a title dispute because they lacked signed, attested sale agreements and registered ownership.

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 Machakos (O.A. Angote, J) on a Notice of Motion dated 13th January, 2020 in which eight Proposed Interested Parties sought to be enjoined as necessary parties to a suit filed by the Plaintiff, the registered proprietor of L.R. 12715/155, against eleven Defendants including Mosica Properties Limited (8th Defendant). The Plaintiff alleged that the Defendants fraudulently sold, sub-divided and transferred his land, and sought declarations that the sale transactions were fraudulent, illegal and of no legal effect. The applicants claimed to be innocent purchasers for value of portions of the suit property from the 8th Defendant in 2008, relying on payment receipts, Certificates of Completion and Letters of Allotment, and argued their joinder was necessary for complete adjudication. The Plaintiff opposed, describing the application as a delay tactic mounted four years into the suit. The court considered Order 1 Rule 10(2) of the Civil Procedure Rules, Sarkar's Code of Civil Procedure, Tanga Gas Distributors Ltd vs. Said & Others (as adopted in J M K vs. M W M) and Amon Vs. Raphael Tuck & Sons Limited. It held that a proposed interested party must demonstrate a stake in the proceedings and that their presence will assist the court. Since the applicants were not registered proprietors, did not annex executed and attested sale agreements as required by Section 3(3) of the Law of Contract Act, and their interests could be ventilated by the 8th, 9th and 10th Defendants already before the court, they were not necessary parties. The application was dismissed with costs.

Key legal issues

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01

Whether the Proposed Interested Parties are necessary parties to the suit

Holding

They are not necessary parties; their absence will not impede complete adjudication of the ownership dispute

Reasoning

The applicants purchased sub-divisions in 2008 but were never registered as proprietors and did not exhibit duly signed sale agreements as required by Section 3(3) of the Law of Contract Act. The Plaintiff has pleaded that the 8th, 9th and 10th Defendants had no good title to pass. Their interests can therefore be ventilated by the 8th, 9th and 10th Defendants who are already before the court, and if the Plaintiff's claim fails they will retain their portions.

p. 3
02

Test for joinder of a party or interested party

Holding

The proposed party must show a stake in the proceedings and that their presence will help the court determine the issues

Reasoning

Relying on Order 1 Rule 10(2), Sarkar's Code of Civil Procedure, Tanga Gas Distributors Ltd vs. Said & Others (as adopted in J M K vs. M W M) and Amon Vs. Raphael Tuck & Sons Limited, the court held that joinder is permissible at any stage but the presence of the proposed party must be necessary for effective and complete adjudication.

p. 3

Legal principles established

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  • A proposed interested party must show a stake in the proceedings and that their presence will assist the court in determining the issues; mere use of the label 'Interested Party' does not entitle joinder
  • A claim upon a contract for disposition of an interest in land requires a written contract signed by all parties and attested, per Section 3(3) of the Law of Contract Act; absent such agreements the claim is a non-starter
  • The court may add a party at any stage of proceedings where their presence is necessary for complete adjudication under Order 1 Rule 10(2)

Court orders

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  1. 1.The Application dated 13th January, 2020 is dismissed with costs

Authorities

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Legislation

  • Civil Procedure RulesOrder 1 Rule 10(2)
  • Law of Contract ActSection 3(3)
  • Auctioneers ActCap. 526

Cases cited (4)

  • Amon Vs. Raphael Tuck & Sons Limited
    (1956) 1 ALL ER 273
  • Pizza Harvest Limited vs. Felix Midigo
    (2013) eKLR
  • Tanga Gas Distributors Ltd vs. Said & Others
    (2014) E.A 448
  • J M K vs. M W M
    (2015) eKLR
Jurisdiction invoked
Order 1 Rule 10(2) 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, "Wilfred Ng’ang’a Ngaruiya v Registered Trustees Of Faith Mission Church & 10 others; Mathew Muli Mutiso & 7 others (Proposed Interested Parties) [2020] KEELC 90 (KLR)", Case Analysis (2021). Not stated in the judgment (Notice of Motion dated 13th January, 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/90/eng@2020-01-29

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