Jack Mathenge Giturwa & another v Citimark Investment Limited [2022] KEELC 1680 (KLR)
The bottom line
#A Kenyan court allowed a landbuyer to drag the original vendors into a title dispute years after pleadings closed, because joining them helped the court resolve everything at once.
What this practically means
#Executive summary
#Key legal issues
#Whether leave should issue for a third party notice filed long after close of pleadings
Leave granted despite unexplained delay because the suit had not been set down for hearing and the plaintiffs suffered no prejudice
Pleadings closed around end of May 2018 and the application was filed more than two years later with no explanation for the delay. However, the court found the delay not inordinate, the matter not set down for hearing, the plaintiffs had not identified prejudice, and the proposed third parties (the vendors who sold the same land to both sides) were necessary for complete adjudication. The interest of justice favoured joinder.
Whether the proposed third parties met the criteria under Order 1 Rule 15(1)
Yes - the questions between the defendant and the administrators were substantially the same as those between the plaintiffs and the defendant regarding entitlement to the suit land
The defendant claimed it purchased the suit land from the administrators under a 2015 sale agreement and paid substantial sums, while the plaintiffs claimed to be bona fide purchasers from the same vendors. The court found the administrators' involvement necessary to determine who had a right to sell and who is entitled to the suit land.
Legal principles established
#- A third party should be joined where the question between the third party and the defendant is substantially the same as that between the plaintiff and defendant, and no prejudice will be suffered, particularly where the suit has not proceeded to hearing
- To join a third party, the subject matter between the third party and defendant must be the same as the subject matter between plaintiff and defendant, and the original cause of action must be the same
- Delay in applying for leave to issue a third party notice, if not inordinate, may be excused in the interest of justice
Court orders
#- 1.The Defendant's Chamber Summons application dated 21st December 2020 is allowed; leave granted to issue and serve a Third Party Notice upon the Administrators of the Estate of Mwangangi Muvu Nganga
- 2.Third Party to be served within 14 days from the date of the ruling
- 3.Upon service, the Third Party to file their response within 14 days
- 4.Costs in the cause
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court; application brought under Order 1 Rule 14(1) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Salim v Ibrahim (Land Case E026 of 2023) [2025] KEELC 4177 (KLR)[2025] KEELC 4177 (KLR)29 May 2025
- Salim v Ibrahim (Land Case E026 of 2023) [2025] KEELC 4177 (KLR)[2025] KEELC 4177 (KLR)29 May 2025
Cite this brief
#Cite this brief
Caselaw, "Jack Mathenge Giturwa & another v Citimark Investment Limited [2022] KEELC 1680 (KLR)", Case Analysis (2022). ELC Case No. 23 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1680/eng@2022-02-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.