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ELCPartially Allowed· [2020] KEELC 3719 (KLR)

Richard Cheruiyot Langat v Tapnyobii Maiga [2020] KEELC 3719 (KLR)

Environment and Land Court
13 February 2020
2,009 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kericho court allowed a landowner to add new parties to his 7-year-old land dispute, ruling that delay and inconvenience can be compensated with costs.

What this practically means

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Executive summary

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This was a ruling on a motion by the plaintiff, Richard Cheruiyot Langat, seeking to join the Land Registrar, Bomet County and Franklin Kiplangat Bett as 2nd and 3rd defendants to a land suit filed in 2013 concerning parcel KERICHO/SILIBWET/1428, which the plaintiff alleged the 1st defendant had sold to him before reneging. The plaintiff said the proposed 3rd defendant had moved onto the disputed land in 2019 and erected permanent and temporary structures, prompting a complaint to court. The 1st defendant opposed, arguing the application was frivolous, an afterthought and bad in law, that the plaintiff himself had allowed the proposed 3rd defendant onto the land, that the amendments were immaterial, and that joinder would change the character of the suit and further delay a hearing that had never commenced in nearly seven years. The court, applying Order 1 rule 10(2) of the Civil Procedure Rules and its discretion on joinder and amendment, found that joinder should be allowed where common questions of law or fact arise or the subject matter is the same. It held on the record that the structures were new (put up in 2019), that the court had not cleared the proposed 3rd defendant of blame, and that delay could not be attributed to the plaintiff alone. Any prejudice to the 1st defendant was compensable by costs, and refusing joinder would risk a multiplicity of suits. Allowing the application in terms of prayer 2, the court ordered costs to be in the cause.

Key legal issues

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01

Whether joinder of the proposed 2nd and 3rd defendants should be permitted

Holding

Joinder allowed; the 2nd defendant is a necessary party and the 3rd defendant's joinder serves the interests of justice and avoids multiplicity of suits

Reasoning

The court, exercising discretion under Order 1 rule 10(2), found common questions of fact and law regarding structures erected in 2019 on the disputed parcel. The proposed 3rd defendant did not deny the new structures when summoned, only claiming they were on a different parcel. Any prejudice to the 1st defendant is compensable by costs, and refusing joinder would risk a multiplicity of suits.

p. 3
02

Whether delay and prejudice attributable to the plaintiff bar the application

Holding

Delay cannot be attributed to the plaintiff alone; the 1st defendant also contributed, and no serious injustice was shown

Reasoning

The record showed the 1st defendant had also filed applications consuming judicial time. The court found the suit still fresh, no trial had commenced, and any prejudice could be cured by expeditious amendment and pre-trial compliance, so delay and prejudice did not justify refusal.

p. 2

Legal principles established

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  • Joinder of parties should be allowed where common questions of law or fact arise or where the subject matter is the same
  • An injury compensable by costs is not treated as injustice barring joinder or amendment
  • Joinder or amendment that avoids multiplicity of suits should be allowed

Court orders

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  1. 1.The application allowed in terms of prayer 2, permitting joinder of FRANKLIN KIPLANGAT BETT and LAND REGISTRAR, BOMET COUNTY as defendants
  2. 2.Costs of the application to be in the cause

Authorities

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Legislation

  • Civil Procedure Act (Cap 21)Sections 1A, 1B, 3, 3A
  • Civil Procedure Rules, 2010Order 1 rule 10(2); Order 12 rule 7; Order 51 rule 1
  • Constitution of Kenya, 2010Articles 48, 50(1)

Cases cited (6)

  • MARTIN WESULA MACHYO VS HOUSING FINANCE COMPANY OF KENYA LIMITED & ANOTHER
    (2015) eKLR
  • CENTRAL BANK OF KENYA LIMITED VS TRUST BANK LIMITED
    (2000) 2 EA 365
  • MUNGAI VS TEXCAL HOUSE SERVICE STATION
    (1999) eKLR
  • ELIJAH KIPNGENO ARAP BII VS KENYA COMMERCIAL BANK LIMITED
    (2013) eKLR
  • RUBINA AHMED & 3 OTHERS VS. GUARDIAN BANK LTD
    (2019) eKLR, CA NO. 203 of 2013, NAIROBI
  • LUCY NUNGARI NGIGE & OTHERS VS NATIONAL BANK OF KENYA & ANOTHER
    (2015) eKLR, HCC NO. 517 OF 2014, NAIROBI
Jurisdiction invoked
Sections 1A, 1B, 3 and 3A of the Civil Procedure Act (Cap 21); Order 12 rule 7 and Order 51 rule 1 of the Civil Procedure Rules, 2010; Articles 48 and 50(1) of the Constitution of Kenya, 2010

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, "Richard Cheruiyot Langat v Tapnyobii Maiga [2020] KEELC 3719 (KLR)", Case Analysis (2020). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/3719/eng@2020-02-13

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