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ELCDismissedNotice of motion dated 22/12/2023 in the pending suit (Ndeiya/Ndeiya/491 matter), Thika ELC· [2024] KEELC 5822 (KLR)

Karugu & another v Ngigi & 2 others; Njuguna (Applicant) (Land Case E002 & E003 of 2021) [2024] KEELC 5822 (KLR)

Environment and Land Court
2 August 2024
BEB M Eboso
1,286 words in judgment
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The bottom line

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Kenya's Land Court in Thika refused to let a woman join a land case because her claim had already been decided in 2021.

What this practically means

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Executive summary

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This ruling by B M Eboso J of the Environment and Land Court at Thika, delivered virtually on 2 August 2024, determines a notice of motion dated 22 December 2023 in which Grace Wambui Njuguna sought joinder as an interested party to a suit over land parcel Ndeiya/Ndeiya/491, together with an order that the suit's outcome apply to her interest in the land. The applicant's case was that she bought a 2-acre portion from the late Felix Ngugi Karanja, who subdivided the land and showed buyers their beacons before dying; titles later issued in succession proceedings were revoked when the grant was revoked. The plaintiffs did not oppose the application, though they noted it delayed the hearing. The 1st to 3rd defendants opposed, arguing the applicant's claim was res judicata, having been dismissed in Thika ELC Case No. 1 of 2021, and that the application was a belated attempt to derail the suit. The court framed two issues: whether the applicant's claim was res judicata and statute-barred under Section 7 of the Civil Procedure Act, and whether the joinder criteria were met. Finding that Gacheru J had, on 6 May 2021, struck out the applicant's suit over the same land as statute-barred, the court held the claim res judicata and observed the applicant's remedy lay in an appeal. Joinder was consequently a non-starter. The application was rejected with costs to be borne by the applicant.

Key legal issues

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01

Res judicata and statute-barred claim

Holding

The applicant's claim was res judicata and statute-barred, having been struck out by Gacheru J in Thika ELC Case No. 1 of 2021

Reasoning

The same claim regarding interest in the suit land was litigated and struck out as statute-barred in the earlier suit. The applicant should have appealed that ruling rather than seek to reintroduce the same claim through joinder in this suit.

p. 3
02

Joinder as interested party

Holding

Joinder was refused because the underlying claim the applicant sought to ventilate is res judicata

Reasoning

Once the court found the claim res judicata, joinder could not stand. The applicant did not demonstrate a distinct cause of action or explain why she could not file an independent suit.

p. 3

Legal principles established

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  • A party whose claim has been finally determined by a competent court cannot relitigate the same claim, even when seeking to be joined as an interested party in a different suit

Court orders

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  1. 1.The application dated 22/12/2023 is rejected for lack of merit
  2. 2.The applicant shall bear costs of the application

Authorities

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Legislation

  • Civil Procedure ActSection 7

Cases cited (1)

  • Patrick Ngigi Gitau & Grace Wambui Njuguna –v- Margaret Nduta Ngugi & 2 others
    Thika ELC Case No. 1 of 2021
On appeal from
Environment and Land Court, Thika
Thika ELC Case No. 1 of 2021
Jurisdiction invoked
Original civil jurisdiction of the Environment and Land Court; joinder application under the Civil Procedure Act framework

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, "Karugu & another v Ngigi & 2 others; Njuguna (Applicant) (Land Case E002 & E003 of 2021) [2024] KEELC 5822 (KLR)", Case Analysis (2024). Notice of motion dated 22/12/2023 in the pending suit (Ndeiya/Ndeiya/491 matter), Thika ELC. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5822/eng@2024-08-02

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