Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedNotice of motion dated 1st July 2021 (Eldoret ELC)· [2021] KEELC 929 (KLR)

Jeremiah Busienei & another v Kimorok Farm Limited & another; Stephen Yator & 4 others (Intended Interest Parties/Applicants) [2021] KEELC 929 (KLR)

Environment and Land Court
18 November 2021
EOE.O. Obaga
1,622 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

#

The Environment and Land Court in Eldoret refused to let five purchasers join a concluded land case, confirming that late joinder fails without a clear legal interest.

What this practically means

#

Executive summary

#
This is a ruling of the Environment and Land Court at Eldoret (E.O. Obaga, J) on a notice of motion dated 1st July 2021 in which five proposed interested parties sought to be joined in ongoing proceedings as interested parties or co-defendants. The Applicants claimed they had purchased acres from the 1st Defendant and that the implementation of the court's orders of 7th February 2020 — directing survey, subdivision and transfer of land parcel LR No. 186614 to shareholders — was being conducted in a manner likely to deprive them of acreage. The Plaintiffs opposed, contending the main claim had been compromised by a consent recorded on 5th February 2020, that the Applicants had not demonstrated an interest, and that the 1st Applicant was a director of the 1st Defendant who should channel grievances through the Company. The 1st Defendant opposed on grounds that the court was functus officio and that the application was an abuse of process. The court framed a single issue: whether the Applicants should be joined. Adopting criteria from Marigat Group Ranch, John Harun Mwau, Muruatetu and the Kenya Medical Laboratory case, it required pending proceedings, an identifiable interest, and presence that would assist the court effectually determine the controversy. Holding that consent judgment had been entered leaving only the question whether the 2nd Defendant was rightfully sued, the court found joinder moot and the Applicants' interest undemonstrated. The application was dismissed with costs to the Plaintiffs and the 1st Defendant.

Key legal issues

#
01

Whether the Applicants qualified for joinder as interested parties or co-defendants

Holding

Application dismissed; joinder refused.

Reasoning

The court distilled a three-part test from the cited authorities: pending proceedings, an identifiable interest, and presence that would assist the court effectually resolve the controversy. Although proceedings remained on the question whether the 2nd Defendant was rightfully sued, consent judgment had been entered on the main claim, rendering joinder moot. Even otherwise, the Applicants failed to demonstrate a proximate legal interest, and the 1st Applicant, being a director of the 1st Defendant, could pursue any grievance through the Company.

p. 3

Legal principles established

#
  • An intended interested party must show pending proceedings, an identifiable interest, and that his presence will assist the court effectually and completely adjudicate upon the issues in controversy
  • A director's interests in litigation involving his company are properly advanced by the company; internal grievances against co-directors do not justify joinder

Court orders

#
  1. 1.The Applicants' notice of motion dated 1st July 2021 seeking joinder is dismissed
  2. 2.Costs of the application awarded to the Plaintiffs and the 1st Defendant

Authorities

#

Cases cited (4)

  • Marigat Group Ranch & 3 others =vs= Wesley Chepkoimet and 19 others
    [2014] eKLR
  • John Harun Mwau =vs= Simone Hayson & 2 others
    [2021] eKLR
  • Francis Karioko Muruatetu & another =vs= Republic & 5 others
    [2016] eKLR
  • Kenya Medical Laboratory Technicians and Technologists Board & 6 others =vs= Attorney General & 4 others
    [2017] eKLR
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over the suit land and incidental applications

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Jeremiah Busienei & another v Kimorok Farm Limited & another; Stephen Yator & 4 others (Intended Interest Parties/Applicants) [2021] KEELC 929 (KLR)", Case Analysis (2021). Notice of motion dated 1st July 2021 (Eldoret ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/929/eng@2021-11-18

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