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ELCAllowedNot stated in judgment (Notice of Motion dated 20th April 2021)· [2022] KEELC 1476 (KLR)

Samuel Kavoloko Seke & another v Waswa Development Society & another; William Nyakwada & 49 others (Interested parties) [2022] KEELC 1476 (KLR)

Environment and Land Court
16 February 2022
ANA. NYUKURI
1,204 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Fifty people who bought land involved in a court case were allowed to join that case because the outcome would directly affect them.

What this practically means

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Executive summary

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By a Notice of Motion dated 20th April 2021, Dr. William Nyakwada and 49 others sought to be joined as interested parties in a land suit concerning parcel number 3/1973 (the suit property). The applicants deposed that they had purchased the suit property from the 2nd Plaintiff, signed land sale agreements and paid the full consideration, and therefore had a claim over the property and were necessary parties. The 1st Plaintiff, Samuel Kalovoto Seke, opposed the application as frivolous and vexatious, noting that the court had earlier ordered his name struck out of proceedings on the ground that the 2nd Plaintiff had fraudulently used his name to file the suit. The 1st and 2nd Defendants did not oppose the application. In written submissions, the applicants relied on Moses Wachira v Niels Bruel, Communications Commission of Kenya v Royal Media Services and the Muruatetu decision on the test for joinder of interested parties. The court framed a sole issue: whether the applicants ought to be joined as interested parties. Applying Order 1 Rule 10(2) of the Civil Procedure Rules and the Supreme Court's definition in Trusted Society of Human Rights Alliance v Mumo Matemu, the court found that the applicants, having purchased the suit property and annexed sale agreements, have a stake in the proceedings and would be affected by the decision whichever way it goes. Allowing the application, the court joined the applicants as interested parties, granted them 14 days to file and serve pleadings, allowed the plaintiffs and defendants 14 days to respond, directed compliance with Order 11 within 45 days, fixed a mention for 28th March 2022, and ordered that costs abide the suit.

Key legal issues

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01

Whether the Applicants should be joined as interested parties

Holding

The application was merited; the Applicants who purchased the suit property from the 2nd Plaintiff and are in possession have a stake in the proceedings and their joinder is necessary for the court to effectually and completely adjudicate on all questions.

Reasoning

The court applied Order 1 Rule 10(2) of the Civil Procedure Rules and the Supreme Court's definition of an interested party in Trusted Society of Human Rights Alliance v Mumo Matemu. Having perused the sale agreements annexed to the supporting affidavit, the court found the Applicants have a recognisable stake in the suit property and would be affected by any decision, so their presence was necessary for complete adjudication.

p. 2

Legal principles established

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  • Any person who, though not a party to pending proceedings, has an interest in the subject matter such that they will be affected by the decision whichever way it goes, qualifies to be joined as an interested party.

Court orders

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  1. 1.The Intended Interested Parties/Applicants be and are hereby joined to this suit as Interested Parties.
  2. 2.The Interested Parties are granted 14 days from today to file and serve their pleadings in this suit.
  3. 3.Upon service, the Plaintiffs and the Defendants are granted leave of 14 days to respond to the pleadings filed by the Interested Parties.
  4. 4.All the parties to this suit shall file and serve their witness statements and documents and comply with Order 11 within 14 days of close of pleadings or 45 days of today, whichever is sooner.
  5. 5.This matter shall be mentioned on 28th of March 2022 for purposes of fixing a hearing date.
  6. 6.Costs shall abide the suit.

Authorities

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Legislation

  • Civil Procedure RulesOrder 1 Rule 10(2)

Cases cited (4)

  • Moses Wachira vs Niels Bruel & 2 Others
    (2015) eKLR
  • Communications Commission of Kenya & 4 Others vs Royal Media Services Limited & 7 Others
    (2014) eKLR
  • Francis Karioki Muruatetu & Another vs Republic & 5 Others
    Supreme Court Pet. 15 and 16 of 2015, (2016) eKLR
  • 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, "Samuel Kavoloko Seke & another v Waswa Development Society & another; William Nyakwada & 49 others (Interested parties) [2022] KEELC 1476 (KLR)", Case Analysis (2022). Not stated in judgment (Notice of Motion dated 20th April 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1476/eng@2022-02-16

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