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ELCAllowedEnvironment and Land Case Civil Suit 373 of 2019· [2023] KEELC 18467 (KLR)

Benedicta Welfare Association v Ngei II Kugeria Co. Ltd & 2 others; Maiyo & 4 others (Intended Interested Party)

Environment and Land Court
29 June 2023
1,214 words in judgment
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The bottom line

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What this practically means

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Executive summary

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This ruling by the Environment and Land Court at Nairobi (LN Mbugua, J) determined an application by five Intended Interested Parties seeking joinder to a land suit. The main suit, commenced by plaint dated November 22, 2019, involves the Plaintiff's claim to ownership of plots excised from parcel LR 6845/138 Embakasi. The Intended Interested Parties sought joinder on the basis that they purchased plots from the same parcel from the 1st Defendant, obtained a judgment in their favour in Milimani CMCC 1646 of 2018 awarding them specific plots, and have occupied the plots for over 20 years. They argued that any relief granted without their participation would prejudice their proprietary rights. The Defendants opposed, arguing the application was defective for want of authority to swear the supporting affidavit, that no sale agreements or share certificates were attached, that the 2018 suit was filed against a deceased person lacking capacity to be sued, and that no nexus was established between the applicants' claim and the Defendants. In a further affidavit, the applicants annexed an authorization letter, certificates of sale dated 1992, and a letter of allotment dated 2008. The court applied the Zephir Holdings test of a proper party and found the applicants had demonstrated an interest in the subject matter and were necessary parties. The application dated March 15, 2023 was allowed with no orders as to costs.

Key legal issues

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01

Joinder of interested parties

Holding

The Intended Interested Parties were joined as they demonstrated an interest in the subject matter and are necessary parties.

Reasoning

The applicants purchased plots excised from the same parcel LR 6845/138, obtained a judgment in their favour in MC.CC/1646/2018 awarding them specific plots, and have been in occupation for over 20 years. Any relief granted without their participation could prejudice their proprietary rights. The court applied the Zephir Holdings test of a proper party whose presence is necessary for complete adjudication.

Legal principles established

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  • A party with a demonstrated interest in the subject matter is a necessary party whose joinder enables the court to effectually and completely adjudicate upon all questions in the suit.

Court orders

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  1. 1.The Intended Interested Parties' application dated March 15, 2023 is allowed
  2. 2.The Intended Interested Parties are joined to the suit as Interested Parties
  3. 3.No orders as to costs

Authorities

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Legislation

  • Civil Procedure Rules 2010Order 1 Rule 13(1) & (2)
  • Constitution of Kenyaproprietary rights

Cases cited (8)

  • Parmet Ole Kiseet v Sylvia Moi & 3 others; Ndegwa Kabogo (Interested Party)
    [2021] eKLR

    Joinder of interested parties

  • Hopf v Director of Survey & 2 others; Sakaja & 2 others (Interested Party)
    (Environment & Land Case 4 of 2021) [2022] KEELC 6 (KLR)

    Joinder of interested parties

  • Gladys Nduku Nthuki v Letshego Kenya Limited; Mueni Charles Maingi (Intended Plaintiff)
    [2022] eKLR

    Joinder of intended parties

  • Research International East Africa Ltd v Julius Arisi & 213 others
    [2007] eKLR

    Incompetence of the application

  • Ndungu Mugoya & 473 others v Stephen Wang'ombe & 9 others
    [2005] eKLR

    Striking out applications offending Order 1 Rule 13

  • Skov Estate Limited & 5 others v Agricultural Development Corporation & another
    [2015] eKLR

    Failure to demonstrate interest in subject matter

  • Marigat Group Ranch & 3 others v Wesley Chepkoiment & 19 others
    [2014] eKLR

    Failure to demonstrate interest in subject matter

  • Zephir Holdings Ltd v Mimosa Plantations Ltd, Jeremiah Maztagaro and Ezekiel Misango Mutisya
    (2014) eKLR

    Definition of a proper party and court's discretion on impleadment

Jurisdiction invoked
Environment and Land Court jurisdiction over land disputes; joinder under Order 1 of the Civil Procedure Rules 2010

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, "Benedicta Welfare Association v Ngei II Kugeria Co. Ltd & 2 others; Maiyo & 4 others (Intended Interested Party)", Case Analysis (2023). Environment and Land Case Civil Suit 373 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/18467/eng@2023-06-29

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