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ELCDismissedNotice of Motion Application dated 19th August, 2020 (suit pending before the Environment and Land Court, Kajiado)· [2021] KEELC 3252 (KLR)

Poka Group Ranch Community Based Organization & 2 others (both suing on their personal capacity and as representatives of Poka Group Ranch Community Based Organization and Poka Group Ranch) v County Government of Kajiado & 7 others [2021] KEELC 3252 (KLR)

Environment and Land Court of Kenya
19 May 2021
COCHRISTINE OCHIENG
2,453 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 ruled that anyone ever registered as owner of disputed land must stay in the lawsuit, even if no claim is made against them personally.

What this practically means

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Executive summary

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This was a ruling on the 4th Defendant's Notice of Motion dated 19th August 2020, brought under sections 1A, 1B and 3A of the Civil Procedure Act and Order 1 Rule 10(2) and Order 51 Rule 1 of the Civil Procedure Rules, seeking her removal from the suit both personally and as Administratrix of the estate of the late Walter Bernard Mukundi Mukuria. She contended that neither she nor the estate owned LR Kajiado/Kaputiei South/888 or held shares in the 3rd Defendant, and that the Plaintiffs had recklessly and abusively enjoined them. The Plaintiffs, community groups claiming the parent parcel Kajiado/Kaputiei South/23 was set aside in 1964 as a livestock holding ground and registered in the defunct Ol Kejuado County Council's name in trust for them, alleged fraudulent dealings and traced the subdivision chain down to parcel 888, registered to the deceased in 1995 and then to the 4th Defendant on 13th August 2015 through Succession Cause No. 184 of 2008, and to Cikewa Investments Limited the same day. The court examined the Green Card and the joinder jurisprudence in Pravin Bowry, Deported Asians Property Custodian Board v Jaffer Brothers and Civicon v Kivuwatt, holding that any party ever registered as proprietor of the disputed land is a necessary party. Finding the 4th Defendant necessary for the complete adjudication of the ownership questions, the court dismissed the application with costs to the Plaintiffs.

Key legal issues

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01

Whether the 4th Defendant is properly enjoined in the suit

Holding

She is a necessary party despite the absence of a direct cause of action against her, because the dispute concerns land of which she was at one time registered proprietor

Reasoning

The Green Card showed the deceased was registered as proprietor of Kajiado/Kaputiei South/888 in 1995, the 4th Defendant was registered as owner on 13th August 2015 by virtue of Nairobi High Court Succession Cause No. 184 of 2008, and the land was transferred to Cikewa Investments Limited the same day. Since the fulcrum of the dispute is the disposal of the original parcel and its subdivisions, anyone ever registered as proprietor is necessary for complete adjudication.

p. 3

Legal principles established

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  • A party may be joined not because there is a cause of action against them, but because their presence is necessary for the court to effectually and completely adjudicate upon all questions in the suit
  • Joinder under Order 1 rule 10(2) is discretionary and assessed on the necessity of the party, prejudice and practicability of execution

Court orders

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  1. 1.The Notice of Motion application dated 19th August, 2020 is dismissed
  2. 2.Costs of the application awarded to the Plaintiffs

Authorities

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Legislation

  • Civil Procedure Actsections 1A, 1B, 3A
  • Civil Procedure RulesOrder 1 Rule 10(2)
  • Civil Procedure RulesOrder 1 Rule 3
  • Civil Procedure RulesOrder 24 Rule 4(1) & (2)
  • Civil Procedure RulesOrder 51 Rule 1

Cases cited (7)

  • Anderson Mole Munyaya & 3 Others v Morris Sulubu Hare
    (2017) eKLR
  • Beatrice Tilitei & Another v William Kibet Chiboi
    (2017) eKLR
  • Le Vogue Hair & Beauty Studios Limited v Deposit Protection Fund Board (As Liquidator of Prudential Building Society Limited) & 2 Others
    (2017) eKLR
  • Andy Forwarder Service Limited & Another v PriceWaterHouseCoopers Limited & Another
    (2012) eKLR
  • Pravin Bowry v John Ward & another
    [2015] eKLR
  • Deported Asians Property Custodian Board v. Jaffer Brothers Limited
    (1999) I EA 55 (SCU)
  • Civicon Limited v. Kivuwatt Limited & 2 others
    [2015] eKLR
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act; Order 1 Rule 10(2) and Order 51 Rule 1 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, "Poka Group Ranch Community Based Organization & 2 others (both suing on their personal capacity and as representatives of Poka Group Ranch Community Based Organization and Poka Group Ranch) v County Government of Kajiado & 7 others [2021] KEELC 3252 (KLR)", Case Analysis (2021). Notice of Motion Application dated 19th August, 2020 (suit pending before the Environment and Land Court, Kajiado). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3252/eng@2021-05-19

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