Landmerk International Properties Limited v Anne Wangari Munene; Maisha Steels (East) Africa Ltd (Intended Interested Party) [2022] KEELC 634 (KLR)
The bottom line
#Kenya's Environment and Land Court admitted Maisha Steel as an interested party but refused to protect it because its lease lacked stamp duty.
What this practically means
#Executive summary
#Key legal issues
#Admissibility of the unstamped lease agreement
The lease is inadmissible under Section 19 of the Stamp Duty Act and remains inadmissible until stamp duty is assessed and paid.
A lease is an instrument chargeable with stamp duty under the Stamp Duty Act. Section 19 bars courts from receiving a chargeable instrument on which duty has not been paid. The court noted the objection was raised by the defendant and that the sale and addendum agreements were similarly unstamped, but confined its ruling to the challenged lease.
Joinder of the applicant as an interested party
Although the lease was inadmissible and no identifiable stake was shown, the applicant was admitted as a necessary party because both parties acknowledged it was in occupation of the premises.
The court applied the Muruatetu criteria for joinder as an interested party and Order 1 rule 10(2) on necessary parties. Since the plaintiff indicated the applicant was in occupation and the defendant termed it a trespasser and had sought police assistance to eject it, its presence was necessary for the complete adjudication of the dispute.
Entitlement to a restraining order
The restraining orders were refused because the applicant pleaded no claim and relied on an inadmissible lease.
An interlocutory injunction presupposes a claim by the applicant against a party; the applicant had pleaded none. Additionally, the lease underpinning its asserted interest was inadmissible, leaving no evidential basis for establishing a prima facie case for injunctive relief.
Legal principles established
#- An unstamped chargeable instrument is inadmissible in evidence under Section 19 of the Stamp Duty Act until duty is assessed and paid
- A party seeking joinder must demonstrate an identifiable interest or stake in the proceedings, or the court may join a necessary party suo motto under Order 1 rule 10(2)
- A party cannot obtain an interlocutory injunctive order without pleading any claim in the suit
Court orders
#- 1.Maisha Steel (East) Africa Ltd is admitted as an interested party in this suit
- 2.The said interested party's plea for a restraining order is declined for lack of merit
- 3.Costs of the application shall be in the cause
- Jurisdiction invoked
- Inherent jurisdiction and Order 1 rule 10(2) of the Civil Procedure Rules (joinder of necessary parties)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Catherine Muthanji Kariuki v Joseph Macharia Chuchu[2026] KEELC 6106 (KLR)28 Sept 2026followed
Cite this brief
#Cite this brief
Caselaw, "Landmerk International Properties Limited v Anne Wangari Munene; Maisha Steels (East) Africa Ltd (Intended Interested Party) [2022] KEELC 634 (KLR)", Case Analysis (2022). Not stated in the judgment (suit filed by plaint dated 13/8/2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/634/eng@2022-03-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.