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ELCDismissedNot stated in judgment (Notice of Motion dated 31st October 2023)· [2024] KEELC 4043 (KLR)

Mae v Mahendani & 2 others; Anunda & 5 others (Interested Parties); Mogeni (Intended Interested Party) (Environment & Land Case 50 of 2022) [2024] KEELC 4043 (KLR)

Environment and Land Court
20 May 2024
MNMwangi Njoroge
1,254 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Malindi court refused 16 landowners' bid to join a property dispute because they couldn't prove their plots were actually on the contested land.

What this practically means

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Executive summary

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This was a ruling of the Environment and Land Court at Malindi on a Notice of Motion dated 31st October 2023 in which the applicants, led by Edward Aburi, sought leave to join certain parties as interested parties to an existing suit, together with interim directions that the defendants open a 12-metre access road serving their 16 properties and that the OCPD Malindi assist in compliance. The applicants deponed that they were purchasers from the plaintiff, in occupation of fully developed portions, and that the defendants had built a concrete perimeter wall across their access road. The 1st Defendant, replying on behalf of the 2nd and 3rd Defendants, contended that the applicants had not met the threshold for joinder. The application was canvassed by written submissions. The sole issue was whether the applicants met the threshold for enjoinder as interested parties. The court reviewed the definition of an interested party in Black's Law Dictionary, Order 41 Rule 5 of the Civil Procedure Rules, and the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, and applied the tests in the Kenya Medical Laboratory Technicians, Communications Commission of Kenya and Meme v. Republic decisions. While noting the photographic evidence of developments and an alleged consent, the court held the applicants failed to demonstrate the nexus between their 16 portions and the suit property: no plot numbers or sketches were provided and the closed access road could not be identified. The application was found unsupported by sufficient evidence and was struck out, with costs awarded against the applicants.

Key legal issues

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01

Threshold for joinder as an interested party

Holding

The applicants did not demonstrate a recognizable stake or standing in the matter

Reasoning

The court applied the definition of an interested party from Black's Law Dictionary and the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Rules, and the test in Mativo J's decision in the Kenya Medical Laboratory Technicians case. It found the applicants' evidence insufficient: photographs and an alleged consent did not show plot numbers, sketches, or which access road was closed, so the nexus to the suit property was not demonstrated and joinder was refused.

p. 4

Legal principles established

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  • A party seeking to be joined as an interested party must demonstrate a legal, identifiable interest or stake in the proceedings
  • Mere photographic evidence, without plot numbers or sketches, cannot establish the nexus between an applicant's property and the suit land

Court orders

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  1. 1.The application dated 31st October 2023 is struck out
  2. 2.The applicants shall meet the costs of the application

Authorities

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Legislation

  • Civil Procedure ActCap 21 (silent on interested party concept)
  • Civil Procedure Rules 2010Order 41 Rule 5
  • Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, Legal Notice No. 117 of 2013Part II Clause 7

Cases cited (3)

  • Kenya Medical Laboratory Technicians and Technologists Board & 6 others v Attorney General & 4 others
    [2017] eKLR
  • Communications Commission of Kenya & 4 others v Royal Media Services Limited & 7 others
    [2014] eKLR
  • Meme v. Republic
    [2004] 1 EA 124
Jurisdiction invoked
Civil Procedure Act Cap 21 and Order 41 Rule 5 of the Civil Procedure Rules 2010; Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, Legal Notice No. 117 of 2013, Part II Clause 7

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, "Mae v Mahendani & 2 others; Anunda & 5 others (Interested Parties); Mogeni (Intended Interested Party) (Environment & Land Case 50 of 2022) [2024] KEELC 4043 (KLR)", Case Analysis (2024). Not stated in judgment (Notice of Motion dated 31st October 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4043/eng@2024-05-20

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