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ELCPartially AllowedEnvironment & Land Case 23B of 2021· [2023] KEELC 18908 (KLR)

Ngungi (Suing on behalf of the Estate of Njugu Itonya alias Njugu Ngemi - Deceased) v Land Registrar, Mbeere North District & 3 others; Mwandike & another (Intended Interested Party)

Environment and Land Court
15 June 2023
1,297 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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This is a ruling on a notice of motion dated 16 March 2022 by Francis Ireri Mwandike and David Njoka Mwandike seeking to be joined as interested parties in a land suit brought by David Gitonga Ngungi, suing on behalf of the estate of Njugu Itonya alias Njugu Ngemi, against the Land Registrar, Mbeere North District, the Embu County Government, the Ministry of Transport, Infrastructure, Housing, Urban Development & Public Works, and the Attorney General. The plaintiff claims that the defendants illegally changed ownership of land parcel Evurore/Evurore/1054 from the deceased to the County Government, and seeks recovery of the land. The intended interested parties claim that their late father, Njue Karugeria alias Mwandike Karugeria, was allocated part of parcel 1054 during land adjudication, that the land was leased to the Ministry of Roads and Public Works for road construction and never surrendered, and instead became registered in the name of Embu County Council. They claim half of the parcel. The plaintiff opposed the application as vexatious and frivolous, asserting the applicants had no legal interest and had never occupied the land. The defendants did not oppose. The court, A Kaniaru J, held that ownership cannot be determined at the interlocutory stage, that all claimants to the land have a right to be heard, and that joinder saves time and costs and avoids multiplicity of suits. The application was allowed with no order as to costs.

Key legal issues

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01

Whether the intended interested parties have a sufficient stake to justify joinder

Holding

Joinder was allowed because the intended parties claim a portion of the suit land and have a right to be heard; their claim cannot be treated as farfetched at the interlocutory stage

Reasoning

The court held that at the interlocutory stage it cannot determine ownership. The intended parties assert that part of parcel No. 1054 belonged to their late father and they possibly have claims against both the defendants and the plaintiff. Locking them out would deny them the right to be heard, and allowing joinder avoids multiplicity of suits and saves time and costs.

p. 3
02

Whether the intended parties must produce full documentary evidence of their interest at the joinder stage

Holding

They cannot be expected to bring all their evidence before joinder, since they are not yet parties

Reasoning

The plaintiff argued the intended parties had offered no viable documentary evidence of interest. The court rejected this, reasoning that the applicants are not yet parties and therefore cannot place all their evidence before the court; the sufficiency of their claim is a matter for trial, not for the joinder application.

p. 3

Legal principles established

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  • All persons claiming an interest in disputed land should be allowed to ventilate their claims in court; joinder saves time and costs and avoids multiplicity of suits

Court orders

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  1. 1.The intended interested parties, Francis Ireri Mwandike and David Njoka Mwandike, are joined to the proceedings as interested parties
  2. 2.No order as to costs

Authorities

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Legislation

  • Civil Procedure ActSection 1A
  • Civil Procedure ActSection 1B
  • Civil Procedure ActSection 3A

Cases cited (1)

  • Trusted Society of Human Rights Alliance Vs Mumo Matemu
    [2014] eKLR

    Definition of an interested party

Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act and all other enabling law

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, "Ngungi (Suing on behalf of the Estate of Njugu Itonya alias Njugu Ngemi - Deceased) v Land Registrar, Mbeere North District & 3 others; Mwandike & another (Intended Interested Party)", Case Analysis (2023). Environment & Land Case 23B of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/18908/eng@2023-06-15

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