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ELCAllowedEnvironment & Land Case E285 of 2022· [2023] KEELC 20048 (KLR)

Kilonzo v Kiige; Embakasi Ranching Co. Ltd (Interested Party)

Environment and Land Court
21 September 2023
LMLucy N. Mbugua
399 words in judgment
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The bottom line

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A Kenyan court can force a company into a land dispute as an interested party even when it no longer owns the property, if both sides claim through it.

What this practically means

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Executive summary

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This is a ruling on the defendant's notice of motion dated 15 May 2023 seeking the joinder of Embakasi Ranching Co. Ltd as an Interested Party in a dispute over plots allegedly purchased from the company. The defendant argued that Embakasi Ranching, as the original owner of parcel Nairobi/Block 105/7986, was best placed to assist the court determine whether plot F-275B claimed by the defendant is the same as plot P2255B claimed by the plaintiff, both parties tracing their titles to the company. The plaintiff opposed, contending that Embakasi Ranching had already transferred the suit property to her and issued a title, and was therefore functus officio. Applying Order 1 Rule 10 of the Civil Procedure Rules, and citing Moses Wachira v. Niels Bruel and Trusted Society of Human Rights Alliance v. Mumo Matemo, LN Mbugua J held that although Embakasi Ranching has no stake in the suit property, both protagonists trace their rights and interests from it, making it a necessary party to assist the court in unravelling the dispute. The application was allowed, with costs of the application to abide the outcome of the suit, and the parties were directed to amend their pleadings to include the new party.

Key legal issues

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01

Whether Embakasi Ranching Co. Ltd is a necessary party

Holding

Yes - although it has no stake in the suit property, both protagonists trace their rights from it, making its presence necessary to resolve the dispute

Reasoning

The court accepted that Embakasi Ranching has no proprietary stake in the suit property, having transferred it. However, both the plaintiff and the defendant claim to have purchased their respective plots from Embakasi Ranching, and the defendant contends the company is best placed to clarify whether plot F-275B and plot P2255B are the same. Its evidence would assist in unravelling the dispute, satisfying the necessary-party test under Order 1 Rule 10.

p. 2

Legal principles established

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  • Order 1 Rule 10 of the Civil Procedure Rules permits joinder of parties whose presence is necessary for adjudication of the suit

Court orders

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  1. 1.The application dated 15.5.2023 is allowed
  2. 2.Costs of the application to abide the outcome of the suit
  3. 3.Parties directed to amend their pleadings to include the new party

Authorities

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Legislation

  • Civil Procedure RulesOrder 1 Rule 10

Cases cited (2)

  • Moses Wachira v. Niels Bruel & 2 Others
    [2015] eKLR

    Joinder of parties whose presence is necessary for adjudication of the suit

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

    Joinder of parties whose presence is necessary for adjudication of the suit

Jurisdiction invoked
Order 1 Rule 10 of the Civil Procedure Rules

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, "Kilonzo v Kiige; Embakasi Ranching Co. Ltd (Interested Party)", Case Analysis (2023). Environment & Land Case E285 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20048/eng@2023-09-21

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