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ELCAllowedEnvironment & Land Case 65 of 2019· [2023] KEELC 17009 (KLR)

Karisa & 290 others v Ramadhan & 4 others; Said & 4 others (Intended Interested Party)

Environment and Land Court
25 April 2023
MOMAO Odeny
2,513 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~10 min to read original · ~4 min brief

The bottom line

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A Kenyan court allowed heirs claiming ownership of disputed Malindi land to join an ongoing lawsuit, but joining doesn't mean their ownership claim is proven.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Malindi (MAO Odeny, J) determined a Notice of Motion dated November 1, 2021 by five Intended Interested Parties seeking leave to be enjoined in a suit concerning Plot No 39 Ganda/Mgulureni, Malindi, in which the applicants (290-odd plaintiffs) claim adverse possession. The Intended Interested Parties, represented by Seif Said Seif, deponed that they are great grandchildren and administrators of the estate of the late Salim Bin Khalfan, Liwali of Mombasa (who died in 1920), appointed administrators in Malindi Kadhi Succession Cause No 14 of 2015, and that the respondents fraudulently obtained letters of administration in Mombasa Succession Cause No 94 of 2011 and had the suit property registered in their names. The respondents opposed, asserting that the estate was distributed under a will sanctioned by the Kadhi Court (Cause No 107 of 2007), transmitted through Malindi High Court Cause No 14 of 2008 to HCC P&A 94 of 2011 and confirmed in 2012, and that the applicants lacked an identifiable stake and would convolute the adverse possession claim. The court framed one issue: whether the applicants met the threshold for joinder. Applying Order 1 Rule 10(2) of the Civil Procedure Rules, the Lucy Nungari Ngigi and JSC v Speaker of the National Assembly definitions, and the Muruatetu tests, the court held that joinder is discretionary, that the applicants claimed a proximate interest as heirs and administrators of the alleged owner, that the plaintiff did not oppose, and that the respondents would suffer no prejudice and could contest the claims through evidence. The application was allowed with costs in the cause.

Key legal issues

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01

Whether the Intended Interested Parties met the threshold for joinder as interested parties

Holding

The application was allowed; the Intended Interested Parties were joined as they claimed to be administrators and heirs of the estate of the owner of the suit land, and their joinder would not prejudice the respondents.

Reasoning

The court applied Order 1 Rule 10(2) of the Civil Procedure Rules and the Muruatetu tests for joinder of interested parties. The applicants claimed to be administrators of the estate of the late Salim Bin Khalfan, owner of Plot No 39 Ganda/Mgulureni, and alleged fraudulent registration of the land in the respondents' names. The plaintiff did not oppose the joinder. The court found the respondents would have an opportunity to interrogate the applicants' claims through evidence, that joinder would not prejudice them, and would not convolute the issues.

p. 5

Legal principles established

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  • A party seeking joinder as an interested party must establish a legal stake in the suit and that it is a necessary party; joinder is discretionary.

Court orders

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  1. 1.Seif Said Seif, Thelma Andrew Lyall, Suleiman Mohamed Said and Abbas Soud Ali (the legal administrators of the estate of the late Salim Bin Khalfan, Liwali of Mombasa) granted leave to be enjoined in the suit as interested parties before the matter proceeds to hearing
  2. 2.Application allowed with costs in the cause

Authorities

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Legislation

  • Civil Procedure ActCap 160 (referenced as Succession laws of Kenya CAP 160 by counsel)
  • Civil Procedure RulesOrder 1 Rule 10(2)
  • Civil Procedure RulesOrder 7 Rule 9

Cases cited (11)

  • Osugo Paul Makombi v Britam Genral Insurance Co Limited; Samuel Ondieki Momanyi (Intended Interested Party)
    [2021] eKLR

    Test for joinder: whether intended party has an identifiable stake or legal interest in the proceedings

  • Bomet Technical Institute Limited t/a Lomu Investments v Joel Maritim & 21 others; County Government of Bomet (Interested Party)
    [2019] eKLR

    Principles on joinder of an interested party to proceedings

  • Francis Mwobobia v Invesco Insurance Co Limited; Mwirigi Muguna Nkoroi (Intended Interested Party/Applicant)
    (2021) eKLR

    Joinder of necessary parties

  • Civicon Limited v Kivuwatt Limited & 2 Others
    Civil Appeal No 45 of 2014 (2015) eKLR

    Approved Gurtner v Circuit on joinder of necessary parties

  • Gurtner vs Circuit
    (1968) 1 All ER 328

    Joinder of necessary parties to a suit

  • Trusted Society of Human Rights Alliance v Mumo Matemo & 5 others
    [2014] eKLR

    Threshold for joinder of interested parties (relied on by respondents)

  • Francis Karioko Muruatetu & Another v Republic & 5 others
    [2016] eKLR; Supreme Court Pet. 15 and 16 of 2015

    Established the elements/tests for joinder of interested parties

  • Hamisi Yawa & 36,000 others v Tsangwa Ngala Chome & 19 others
    [2018] eKLR

    Joinder is not an automatic right but granted at the court's discretion

  • Kenya Medical Laboratory Technicians and Technologists Board & 6 others v Attorney General & 4 others
    (2017) eKLR

    Threshold for joinder (cited by respondents)

  • Lucy Nungari Ngigi & 128 Others v National Bank Of Kenya Limited & Another
    [2015] eKLR

    Principles governing joinder of parties; when joinder may be refused

  • Judicial Service Commission v Speaker of the National Assembly & another
    [2013] eKLR

    Definition of an interested party as a person with an identifiable stake or legal interest in the proceedings

Jurisdiction invoked
Order 1 Rule 10(2) of the Civil Procedure Rules; inherent discretion of the Environment and Land Court

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, "Karisa & 290 others v Ramadhan & 4 others; Said & 4 others (Intended Interested Party)", Case Analysis (2023). Environment & Land Case 65 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17009/eng@2023-04-25

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