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Case Brief · caselaw.co.ke
ELCDismissedEnvironment & Land Case 578, 579, 580, 583 & 584 of 2012 & 458 of 2013 (Consolidated)· [2023] KEELC 21151 (KLR)

Ethics & Anti-Corruption Commission v Facta Costruction Co. Ltd & 17 others; Gichaba & 20 others (Interested Parties)

Environment and Land Court
30 October 2023
831 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 refused to let 21 land buyers join an EACC case because they lacked documents proving their interest.

What this practically means

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Executive summary

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This ruling by E. O. Obaga, J of the Environment and Land Court at Eldoret, delivered on 30 October 2023, determined a Notice of Motion dated 12 April 2021 in which twenty-one proposed interested parties sought joinder in a consolidated suit filed by the Ethics and Anti-Corruption Commission against Facta Costruction Co. Ltd and seventeen other defendants concerning LR No. Eldoret/Municipality Block 15/1819. The applicants, claiming to be innocent purchasers for value of portions bought from the 15th Defendant, also sought leave to file a response and affidavit. The plaintiff opposed, arguing that only seven applicants filed sale agreements, none filed receipts evidencing payment, the applicants would add no value to the suit, and the 15th Defendant, who holds title and is represented by counsel, could defend the suit without them. The court held that an interested party must demonstrate sufficient legal interest, that they will be affected in a particular way if not joined, and that joinder will assist the court to determine the issues with finality. Only seven applicants produced sale agreements (purchased between 2004 and 2007 through Nyachiro & Company Advocates); the rest filed no documents at all. The court found the issues could be resolved without the applicants and dismissed the application with costs to the plaintiff.

Key legal issues

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01

Whether the proposed interested parties had a sufficient legal interest for joinder

Holding

The application was dismissed because only seven of the twenty-one proposed interested parties filed sale agreements, none filed receipts evidencing payment, and none demonstrated they would be affected in a particular way or that joinder would assist the court.

Reasoning

The court examined the sale agreements and found only seven purchasers bought through Nyachiro & Company Advocates, which had authority to sell on behalf of the 15th Defendant. The rest filed no documents showing any interest. The plaintiff countered that no receipts were filed and that the 15th Defendant, being represented by counsel, could defend his title without their joinder. The court agreed the issues could be resolved without them.

p. 3
02

Whether joinder was necessary for the court to determine the suit with finality

Holding

No; the 15th Defendant is represented by counsel and the court can address the issues in controversy without the proposed interested parties.

Reasoning

The court reasoned that if the purchasers were keen on pursuing titles, they would have had the 15th Defendant's land subdivided and titles issued before the cases were filed, which would have given them sufficient legal interest. Since the suit was filed in 2009 and consolidated with others, the court found their joinder unnecessary for final determination.

p. 3

Legal principles established

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  • An applicant for joinder as an interested party must demonstrate sufficient legal interest, that they will be affected in a particular way if not joined, and that their joinder will assist the court to determine the issues with finality

Court orders

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  1. 1.The Notice of Motion dated 12th April 2021 seeking joinder of the proposed interested parties is dismissed
  2. 2.Costs of the application awarded to the Plaintiff/Respondent
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court under the Environment and Land Court Act over land disputes

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, "Ethics & Anti-Corruption Commission v Facta Costruction Co. Ltd & 17 others; Gichaba & 20 others (Interested Parties)", Case Analysis (2023). Environment & Land Case 578, 579, 580, 583 & 584 of 2012 & 458 of 2013 (Consolidated). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/21151/eng@2023-10-30

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