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ELCPartially AllowedMCELC E240/2021 related proceedings; joinder application dated 26th October 2021· [2022] KEELC 930 (KLR)

Geoffrey Kipkemboi Lelei v Harvidner Sigh Charger & 5 others [2022] KEELC 930 (KLR)

Environment and Land Court
15 March 2022
EWE. K. Wabwoto
1,160 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan land court added a man claiming ownership of a disputed Loresho property as a defendant because the case's outcome would directly affect him.

What this practically means

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Executive summary

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The 5th Defendant, Omar Mohammed Omar, moved the Environment and Land Court by Notice of Motion dated 26th October 2021 seeking to join Moses Ndirangu Ndumia as 6th Defendant and, pending hearing, to restrain him from trespassing on, transferring, wasting or otherwise dealing with L.R No. 21080/64 (formerly 21080/58) in Loresho, Nairobi. The applicant deposed that the proposed party had filed MCELC E240/2021 claiming ownership of the suit property, giving him a direct interest in the proceedings. The proposed party opposed, asserting he was in occupation and owner, and that other parties were illusory. Counsel for the Plaintiff, 1st, 2nd and 3rd Defendants did not oppose the joinder; counsel for the 5th Defendant addressed the court only on joinder and not on the injunction prayers, which were opposed by counsel for the proposed party. The court framed a sole issue: whether Moses Ndirangu Ndumia ought to be joined. Relying on Order 1 Rule 10(2) of the Civil Procedure Rules and the Supreme Court's decision in Trusted Society of Human Rights Alliance v Mumo Matemu, the court held that a person whose interest will be affected by the outcome qualifies as an interested party and should be joined. Finding he claimed ownership and occupation, the court joined him as 6th Defendant, allowed 14 days for him to file pleadings and 14 days for responses, directed a mention date, and ordered costs to abide the suit. The injunction prayers were not determined since they were not addressed.

Key legal issues

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01

Whether the proposed 6th Defendant should be joined as a necessary party

Holding

Joinder granted because he claims ownership and occupation of the suit property and will be affected by the outcome

Reasoning

The court applied Order 1 Rule 10(2), which permits addition of a person whose presence is necessary to enable the court effectually and completely adjudicate. The proposed defendant had deposed that he was in occupation and owner of the suit property, which the court verified from the affidavits and annexures. Whichever way the decision goes, he would be affected, so joinder served the interests of justice.

p. 2

Legal principles established

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  • A person with an interest in the subject matter of proceedings who will be affected by the decision qualifies to be joined as an interested/necessary party

Court orders

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  1. 1.The proposed 6th Defendant be and is hereby joined to this suit as a 6th Defendant.
  2. 2.The 6th Defendant is granted 14 days from today to file and serve his pleadings in this suit.
  3. 3.Upon service, the Plaintiff and the Defendants are granted leave of 14 days to respond to the pleadings filed by the 6th Defendant.
  4. 4.This matter shall be fixed for mention at a date to be issued after delivery of this ruling.
  5. 5.Costs shall abide the suit.

Authorities

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Legislation

  • Civil Procedure RulesOrder 1 Rule 10(2)

Cases cited (1)

  • Trusted Society of Human Rights Alliance Vs. Mumo Matemu & 5 Others
    [2014] eKLR
Jurisdiction invoked
Order 1 Rule 10(2) 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, "Geoffrey Kipkemboi Lelei v Harvidner Sigh Charger & 5 others [2022] KEELC 930 (KLR)", Case Analysis (2022). MCELC E240/2021 related proceedings; joinder application dated 26th October 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/930/eng@2022-03-15

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