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ELCAllowedEnvironment & Land Case E012 of 2022· [2023] KEELC 18891 (KLR)

Kgambi & 17 others v Gatabaki & 2 others; Kariithi & 3 others (Intended Applicant)

Environment and Land Court
13 July 2023
1,132 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court allowed an estate to join an ongoing land dispute, ruling that anyone with a claimed stake in the property deserves a seat at the table.

What this practically means

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Executive summary

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This is a ruling of the Environment and Land Court at Nairobi (LN Mbugua, J) on a chamber summons application dated April 20, 2023 by intended applicants seeking joinder to an ongoing suit. The suit, an originating summons by 18 applicants against Nancy Wanja Gatabaki, Suraya Property Group Limited and Jacaranda Holdings Property Limited, concerns plots hived from LR No 28223/3 (formerly LR No 5980/3, originally LR No 5980). The 19th, 20th and 22nd intended applicants had already been joined by consent on May 31, 2023, leaving only the 21st intended applicant - Alice Mercy Njeri Kinyanjui, administrator of the estate of Johnson Joshua Kinyanjui (deceased) - for determination. She claimed the deceased was entitled to two plots, LR No 28223/40 and LR No 28223/45, for which the 1st Respondent and her co-proprietor executed transfers but refused to release them for registration. The 1st Respondent opposed, arguing the deceased was not listed in the deed of indemnity and guarantee of December 18, 2012 underlying the suit, that no sale agreement was annexed, that the deceased was director and majority shareholder of the 3rd Respondent who allegedly took her land without full payment, and that the estate's claim should be channelled through pending Nairobi HCCC 137 of 2015 to avoid contravening Section 6 of the Civil Procedure Act. Applying the Supreme Court's interested-party test in Communications Commission of Kenya v Royal Media Services, the court allowed the joinder, noting the suit against the 3rd Respondent had been withdrawn (removing any conflict) and deferring the sub judice issue. Costs were to abide the outcome of the suit.

Key legal issues

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Whether the 21st Intended Applicant should be joined as an Applicant

Holding

Joinder allowed; the applicant has an alleged interest in LR No 28223/40 and LR No 28223/45 whose nature and extent can only be ascertained if she is a party

Reasoning

Applying the Supreme Court's test in Communications Commission of Kenya v Royal Media Services, the intended applicant claims a stake in the suit property through the deceased's entitlement to two plots. The court held her claim's nature and extent could only be determined if she was on board. The 1st Respondent's objections - that the deceased was not listed in the deed of indemnity, that the estate's claim should be channelled through HCCC 137 of 2015 under Section 6 of the Civil Procedure Act, and possible conflict as director of the 3rd Respondent - were deferred, since the suit against the 3rd Respondent had been withdrawn and sub judice could be addressed once the applicant was a party.

p. 3

Legal principles established

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  • An interested party is one with a stake in the proceedings who will be affected by the court's decision and whose interest cannot otherwise be well articulated

Court orders

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  1. 1.The application dated April 20, 2023 allowed; the 21st Intended Applicant joined as an Applicant in the proceedings
  2. 2.Costs of the application to abide the outcome of the suit
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court under Article 162(2)(b) of the Constitution (inferred from the court's mandate); no provision expressly invoked

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, "Kgambi & 17 others v Gatabaki & 2 others; Kariithi & 3 others (Intended Applicant)", Case Analysis (2023). Environment & Land Case E012 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/18891/eng@2023-07-13

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