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ELCAllowedNot stated in the judgment· [2020] KEELC 593 (KLR)

Everlyne Chepkemboi Kitur & another v Peter Kirwa Arap Bit & 4 others [2020] KEELC 593 (KLR)

Environment and Land Court
9 June 2020
MOM. A. Odeny
1,203 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 allowed land buyers to join a lawsuit over the land they purchased, holding that sale agreements alone prove a sufficient stake in the case.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Eldoret (M. A. Odeny, J) dealt with an application dated 2nd December 2019 by three intended interested parties seeking to be enjoined in a suit concerning land parcel NO. KING'ONG'O L.R 10492. The applicants, purchasers for value of various portions of the suit land (0.25 Ha, 0.052 Ha and 1/8 of an acre respectively) from the defendants, annexed sale agreements to their application and relied on Order 1 Rule 10(2) of the Civil Procedure Rules, submitting that their joinder was necessary to enable the court to effectively and completely adjudicate upon all questions in the suit, and that otherwise they would be condemned unheard and suffer irreparable loss. The respondents opposed the application through grounds of opposition filed on 7th February 2020, arguing that the applicants had not met the threshold in Trusted Society of Human Rights Alliance v Mumo Matemu, that ownership of land is proved by title deed rather than a sale agreement, and relying on the Muruatetu elements for enjoinment. The court framed a single issue: whether the applicants had met the threshold for joinder as interested parties. Applying the statutory definition of an interested party and the Supreme Court's formulation, the court held that although sale agreements do not prove ownership, they evidence transactions over the suit land and therefore the applicants have a stake in the proceedings, and the respondents would suffer no prejudice. The application was allowed as prayed, with the applicants at liberty to file any response within 14 days.

Key legal issues

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01

Whether the applicants met the threshold for joinder as interested parties

Holding

The application was allowed; the applicants demonstrated an identifiable stake through sale agreements over portions of the suit land.

Reasoning

The court applied the definition of an interested party from Rule 2 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013 and the Supreme Court's decision in Trusted Society of Human Rights Alliance v Mumo Matemu. Although sale agreements do not prove ownership, they evidence transactions over the suit land, giving the applicants a stake. The respondents would suffer no prejudice from the joinder, and Order 1 rule 10(2) confers discretion to add necessary parties.

p. 2

Legal principles established

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  • For a party to be enjoined as an interested party, he or she must show an identifiable stake or legal interest or duty in the proceedings.
  • Sale agreements, while not proving ownership, demonstrate transactions over suit land and thus a stake in the proceedings sufficient for joinder.

Court orders

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  1. 1.The application dated 2nd December 2019 is allowed as prayed
  2. 2.Applicants to file any response, if any, within 14 days

Authorities

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Legislation

  • Civil Procedure RulesOrder 1 Rule 10(2)
  • The Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013Rule 2

Cases cited (4)

  • Trusted Society of Human Rights Alliance vs Mumo Matemu
    (2014) eKLR
  • Benjamin Kipkulei Tai v Kenya Commercial Bank, Kisumu
    High Court – Civil Case No. 87 of 2003
  • Judicial Service Commission v The Speaker of the National Assembly & 2 others
    [2014] eKLR
  • Francis Kariuki Muruatetu & Another v Republic & 5 others
    Petition 15 as consolidated with 16 of 2013 [2016] 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, "Everlyne Chepkemboi Kitur & another v Peter Kirwa Arap Bit & 4 others [2020] KEELC 593 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/593/eng@2020-06-09

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