Eedi Motor Services Limited v Devani & 3 others; Koroma & another (Interested Parties) (Environment & Land Case E015 of 2021) [2022] KEELC 2818 (KLR)
The bottom line
#Kenya's Environment and Land Court refused to remove an interested party from a land dispute, saying its role can only be decided at trial, not beforehand.
What this practically means
#Executive summary
#Key legal issues
#Whether the 2nd interested party ought to be struck out from the suit
The application was dismissed; the 2nd interested party's presence is not meaningless and may assist the court in the fair, effectual and just determination of the dispute
The dispute centred on a charge dated 12th March 2015 and transactions alleged to have taken place thereafter, when the original title was in the applicant's custody. Being an interested party is more valuable to the court than summoning a witness, who may not attend or testify. Striking out would deny the court an opportunity to interrogate the issues in totality, and determining the applicant's role at this stage would require premature assessment of evidence reserved for trial.
The standard governing exercise of the power to strike out a party
The power must be exercised with caution, on reason and fairness, and without expressing opinions on the merits
Relying on Madan JA in DT Dobie, the court held that striking out requires consideration of all facts but must not trespass onto the merits, which belong to the trial judge. Whether the applicant had a role in the impugned transfer could not be ascertained on an interlocutory application since evidence can only be tendered at trial.
Legal principles established
#- The power to strike out a party from a suit should be exercised with caution and without embarking on the merits, which are reserved for trial
- An interested party's presence that assists the court in effectually determining a dispute should not be struck out merely because its direct interest is doubtful; the court retains power under Order 1 Rule 10(2) to strike out later if participation becomes an impediment
Court orders
#- 1.The Chamber Summons dated January 26, 2022 is dismissed
- 2.Costs to be in the cause
- Jurisdiction invoked
- Order 1 Rules 10(2), 14 and 25 of the Civil Procedure Rules and Sections 1A and 1B of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Eedi Motor Services Limited v Devani & 3 others; Koroma & another (Interested Parties) (Environment & Land Case E015 of 2021) [2022] KEELC 2818 (KLR)", Case Analysis (2022). Chamber Summons Application dated January 26, 2022 (suit not numbered in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/2818/eng@2022-05-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.