Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCDismissedNot stated in the judgment· [2021] KEELC 2192 (KLR)

Kenya Redeemed Church (Suing through its Chairman, Secretary and Treasurer) v New Life Redemption Ministry (Being sued through its Chairman, Secretary and Treasurer) [2021] KEELC 2192 (KLR)

Environment and Land Court
9 August 2021
KBK. BOR
1,349 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

#

What this practically means

#

Executive summary

#
This ruling of the Environment and Land Court at Nairobi, delivered virtually by K. Bor J on 9 August 2021, determines the Defendant's application dated 9/12/2019 seeking to strike out the Plaintiff's plaint for misjoinder of issues, or in the alternative to compel the Plaintiff to withdraw the suit and file two separate suits. The Plaintiff's claim concerned two parcels of land - Kayole plot D4-199 in Nairobi, allegedly allocated to it by Nairobi City Council on 10/9/1992, and L.R No. 4148/58 in Kiambu County, allegedly purchased from Bigma Housing Company Limited - both said to have been fraudulently transferred to the Defendant, with the Plaintiff seeking cancellation of titles and reconveyance. The Defendant contended the two properties were acquired through different transactions at different times, rendering the plaint incurably defective for misjoinder, and further invoked Section 12 of the Civil Procedure Act on geographical jurisdiction as regards the Kiambu property. The Plaintiff opposed, relying on Order 1 Rule 9 and Article 159(2)(d). The court held that striking out pleadings is a drastic remedy to be exercised cautiously and sparingly, citing D.T. Dobie v Muchina and Fremar Construction v Shah. It found both disputes involved the same parties, that nothing barred it from determining both claims together, and that joinder served the overriding objective. The Plaintiff's plea that the Defendant's documents were filed without leave was rejected as the record showed leave was granted on 14/11/2019. The application was dismissed with costs to the Plaintiff.

Key legal issues

#
01

Whether the plaint should be struck out for misjoinder of causes of action

Holding

The joinder of the two causes of action was not fatal; striking out is exercised cautiously and sparingly, and the suit disclosed causes of action between the same parties

Reasoning

The court applied Order 2 Rule 15(1)(c) alongside Order 1 Rule 9, holding that striking out is drastic and reserved for clear cases. Both disputed properties concerned the same parties, so hearing them together served the overriding objective and Article 159(2)(d). The joinder was therefore not fatal and the application lacked merit.

p. 2
02

Whether the claim over L.R No. 4148/58 in Kiambu County was wrongly filed before this court on geographical jurisdiction grounds

Holding

Nothing barred the court from determining the dispute over the Kiambu property alongside the Kayole plot dispute

Reasoning

Although the Defendant invoked Section 12 of the Civil Procedure Act on territorial jurisdiction, the court found that hearing both claims together served the interest of justice and the overriding objective of facilitating just, expeditious, proportionate and affordable resolution of civil disputes.

p. 2
03

Whether the Defendant's defence and documents were filed without leave and should be expunged

Holding

The contention failed because the record showed leave was granted on 14/11/2019

Reasoning

The Plaintiff's grounds of opposition asserted the Defendant's defence, bundle of documents and witness statements dated 9/12/2019 were filed without leave. The court examined its record and found leave had in fact been granted on 14/11/2019, rendering the Plaintiff's contention erroneous.

p. 2

Legal principles established

#
  • Striking out pleadings is a drastic remedy to be exercised cautiously and sparingly, and only in clear and obvious cases
  • No suit shall be defeated by reason of misjoinder or non-joinder of parties; the court may deal with the matter so far as regards the parties actually before it
  • Where a cause of action is disclosed, the court has a duty to determine the dispute notwithstanding procedural technicalities

Court orders

#
  1. 1.The Defendant's application dated 9/12/2019 seeking to strike out the plaint is dismissed
  2. 2.Costs of the application awarded to the Plaintiff

Authorities

#

Legislation

  • Civil Procedure RulesOrder 2 Rule 15(1)(c)
  • Civil Procedure RulesOrder 1 Rule 9
  • Civil Procedure ActSection 12
  • Constitution of Kenya, 2010Article 159(2)(d)

Cases cited (2)

  • D. T. Dobie & Company (Kenya) Limited v Muchina
    [1982] KLR 1
  • Fremar Construction Company Limited v Minakash N. Shah
    C.A Civil Appeal No 85 of 2002 (Nairobi)
Jurisdiction invoked
Original jurisdiction under the Civil Procedure Act; Article 159(2)(d) of the Constitution of Kenya, 2010 invoked

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kenya Redeemed Church (Suing through its Chairman, Secretary and Treasurer) v New Life Redemption Ministry (Being sued through its Chairman, Secretary and Treasurer) [2021] KEELC 2192 (KLR)", Case Analysis (2021). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2192/eng@2021-08-09

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