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ELCDismissedNot stated in judgment· [2020] KEELC 3254 (KLR)

Munteleu Mardadi Sarinke v Lamo Ole Mardadi Sarinke & others [2020] KEELC 3254 (KLR)

Environment and Land Court
10 March 2020
1,039 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Kajiado Environment and Land Court refused to add two sisters as co-plaintiffs in a land dispute because their interests were already represented through the family estate.

What this practically means

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Executive summary

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The plaintiff, Muntuleu Mardadi Sarinke, brought a Notice of Motion dated 10th December 2018 seeking leave to amend his plaint to join his sisters, Yiai Ene Mardadi and Morisiet Ene Meseno, as co-plaintiffs, and to enlarge time for filing suit out of time on their behalf, invoking Order 8 Rule 3, Order 1 Rule 10(2) of the Civil Procedure Rules, Section 28(3) of the Limitation of Actions Act and Sections 1A(1) and 3A of the Civil Procedure Act. The suit concerns land parcel Kajiado/Il damat/313, which the 1st defendant, Lamo Ole Maridadi - the plaintiff's brother - says he lawfully acquired from Oloiyangalani Group Ranch in the 1990s with a title issued on 3rd January 1995. The 3rd, 4th and 5th defendants did not oppose; the 1st and 2nd defendants did, arguing that the proposed plaintiffs are married and settled on their husbands' land, lack letters of administration, are caught by laches, and are already witnesses whose interests the plaintiff can cater for. The court framed a single issue: whether the two women should be enjoined. Noting that a grant ad litem had been issued over the estate of Nkutoto Ene Sarinke, part of which is in dispute, the judge held that as beneficiaries of that already-represented estate and existing witnesses, their interests were catered for and they would suffer no prejudice from non-joinder. The application was disallowed, the matter directed to hearing, with costs in the cause.

Key legal issues

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01

Whether the proposed co-plaintiffs should be joined under Order 1 Rules 1 and 10(2)

Holding

Joinder refused because the proposed plaintiffs' interests are already represented through the estate suit

Reasoning

The court applied Order 1 Rule 1 and Order 1 Rule 10(2), which permit joinder of persons with rights to relief arising from the same transaction. It found the intended plaintiffs are beneficiaries of the estate of Nkutoto Ene Sarinke, whose estate is already represented by the plaintiff under a grant ad litem, and they are already listed as witnesses. The court concluded their interests were catered for and they would suffer no prejudice from non-joinder, and directed the matter to hearing.

p. 2

Legal principles established

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  • Where intended plaintiffs are beneficiaries of a deceased estate already represented in a suit and are listed as witnesses, their interests are sufficiently catered for and joinder is unnecessary

Court orders

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  1. 1.The application dated 10th December 2018 is disallowed
  2. 2.The matter be set down for hearing
  3. 3.Costs in the cause

Authorities

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Legislation

  • Civil Procedure RulesOrder 8 Rule 3
  • Civil Procedure RulesOrder 1 Rule 10(2)
  • Civil Procedure RulesOrder 1 Rule 1
  • Civil Procedure RulesOrder 11
  • Limitation of Actions ActSection 28(3)
  • Civil Procedure ActSection 1A(1)
  • Civil Procedure ActSection 3A
Jurisdiction invoked
Order 8 Rule 3; Order 1 Rule 10(2) of the Civil Procedure Rules; Section 28(3) of the Limitation of Actions Act; Sections 1A(1) and 3A of the Civil Procedure Act

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, "Munteleu Mardadi Sarinke v Lamo Ole Mardadi Sarinke & others [2020] KEELC 3254 (KLR)", Case Analysis (2020). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3254/eng@2020-03-10

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