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ELCPartially AllowedEnvironment & Land Petition 614 of 2013· [2023] KEELC 17297 (KLR)

Falcon Kenya Limited v Chief Land Registrar & another; Muigai & 5 others (Interested Parties); Dandora Housing Schemes Ltd (Applicant)

Environment and Land Court
11 May 2023
SOS. O. Okong'o
3,802 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~15 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court allowed Dandora Housing Schemes to join a long-running land title petition, confirming that anyone with a real stake in disputed property can be heard.

What this practically means

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Executive summary

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This ruling by Okong'o J in a constitutional petition filed in 2013 by Falcon Kenya Limited against the Chief Land Registrar and Attorney General deals with a notice of motion dated June 24, 2019 by Dandora Housing Schemes Ltd seeking joinder as an interested party or, alternatively, consolidation with ELC Petition No 25 of 2019. The petition seeks mandamus to compel the Registrar to release the petitioner's title and discharge of charge for LR No 13379/3, registration of the discharge, damages and mesne profits, premised on alleged violations of Article 47. The interested parties, joined in 2015, claim the property belongs to the 6th interested party and allege the petitioner's chain of title is fraudulent; their earlier attempt to strike out the petition was dismissed in 2018. The applicant claimed ownership under a 1985 judgment in HCCC No 1348 of 1972. The petitioner opposed, alleging the deponent, Peter Kangethe Murua, was an imposter and not a director of the applicant. The court held that joinder is discretionary and requires an identifiable stake; the applicant and petitioner agreed the property was once registered in the applicant's name, and the directorship dispute could not be resolved on affidavit evidence. Finding the applicant's interest demonstrated and no prejudice to the petitioner, the court joined the applicant as 7th interested party, directed amendment of the petition within 14 days, allowed the applicant a reply and cross-petition within 14 days of service, ordered ELC Petition No 25 of 2019 to stand withdrawn upon filing of the cross-petition, and made costs of the application to be in the cause.

Key legal issues

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01

Whether the applicant met the threshold for joinder as an interested party

Holding

Yes - the applicant demonstrated an interest in the suit property, the subject matter of the petition, and no prejudice to the petitioner was shown.

Reasoning

The court applied Rule 2 and Rule 7 of the Mutunga Rules defining an interested party. The applicant and petitioner agreed the suit property was at one time registered in the applicant's name; whether the transfer to the petitioner was lawful could not be determined at this interlocutory stage. The interested parties already claimed the property, so adding the applicant caused no prejudice.

02

Whether the dispute over the genuine directors of the applicant barred the application

Holding

No - the court could not determine on affidavit evidence the genuine list of directors, but this did not defeat the applicant's demonstrated interest.

Reasoning

The petitioner alleged Peter Kangethe Murua was an imposter without authority to swear the affidavits. Both sides produced conflicting documents on the directorship. The judge held this was not determinable on affidavit evidence and did not displace the applicant's identifiable stake in the property.

p. 6

Legal principles established

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  • An applicant for joinder as an interested party must satisfy the court that it has a stake or interest in the subject matter of the suit; the power is discretionary and must be exercised judiciously.

Court orders

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  1. 1.Dandora Housing Schemes Limited added to the suit as the 7th interested party
  2. 2.Petitioner to amend the petition within 14 days to effect joinder of the 7th and 1st to 6th interested parties
  3. 3.7th interested party at liberty to file a reply to the amended petition and a cross-petition within 14 days of service
  4. 4.Upon filing of the cross-petition, ELC Petition No 25 of 2019 shall stand withdrawn
  5. 5.Costs of the application dated June 24, 2019 to be in the cause

Authorities

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Legislation

  • Constitution of KenyaArticles 40, 47(1), 47(2)
  • Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013Rules 2 and 7
Jurisdiction invoked
Article 47 of the Constitution; Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013, Rule 7

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Falcon Kenya Limited v Chief Land Registrar & another; Muigai & 5 others (Interested Parties); Dandora Housing Schemes Ltd (Applicant)", Case Analysis (2023). Environment & Land Petition 614 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17297/eng@2023-05-11

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