Mulwa & 21 others v Munyae & 10 others & another (Environment & Land Case 158 of 2017) [2023] KEELC 648 (KLR)
The bottom line
#The Environment and Land Court in Machakos refused 164 land buyers' bid to join an ongoing case, ruling the issue had already been decided.
What this practically means
#Executive summary
#Key legal issues
#Whether the joinder application is res judicata
Yes - the same joinder question was heard and finally decided by Justice Angote on January 25, 2019, between the same parties.
Section 7 of the Civil Procedure Act bars re-trying a matter directly and substantially in issue in a former suit between the same parties that was heard and finally decided. The prior application dated August 23, 2017 sought the same joinder orders and was dismissed. The doctrine applies to applications as well. The Applicants' contention that they have now filed the written authority earlier found lacking cannot allow them to circumvent the law; Justice Angote actually dealt with the joinder issue before dismissing.
Whether the Applicants should be joined as Defendants
No - their presence is not necessary for the court to effectually and completely adjudicate on the suit.
Applying Order 1 Rule 10(2) and the principles in Deported Asians Custodian Board v Jafier Brothers Ltd, the court found the Applicants bought from parties who are not Plaintiffs, some purchased during the pendency of the suit, and their proper remedy lies against their respective vendors. The dispute's fulcrum concerns the original 32 members of Ngunga farm and reliefs against the existing Defendants, not the Applicants.
Legal principles established
#- Section 7 of the Civil Procedure Act on res judicata applies to interlocutory applications as well as suits; a joinder application whose subject matter was already heard and finally decided in a former application between the same parties cannot be re-litigated.
- For a person to be joined as a defendant, it must be shown either that the orders sought would legally affect their interests and joinder avoids multiplicity of suits, or that the defendant cannot effectually set up a defence without that person being joined.
Court orders
#- 1.The Notice of Motion Application dated September 16, 2022 is dismissed
- 2.Costs of the application to the Plaintiffs (dismissed with costs)
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court under the Civil Procedure Act and Order 1 of the Civil Procedure Rules (application for joinder in a pending land suit)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mulwa & 21 others v Munyae & 10 others & another (Environment & Land Case 158 of 2017) [2023] KEELC 648 (KLR)", Case Analysis (2023). Not stated in judgment (Application dated September 16, 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/648/eng@2023-02-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.