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ELCDismissedNot stated in judgment· [2024] KEELC 6828 (KLR)

Muchiri v Gathura Investment Limited & another; Thiong’o & 2 others (Interested Parties) (Environment & Land Case E146 of 2022) [2024] KEELC 6828 (KLR)

Environment and Land Court
14 October 2024
BEB M Eboso
1,716 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused three sons' bid to join their father's land case, ruling they should have filed their own suit years ago.

What this practically means

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Executive summary

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Peter Thiongo Muchiri sued Gathura Investment Limited and the Attorney General seeking a permanent injunction over 6.405 acres out of parcels Githunguri/Kimathi/776, 1459 and 1460, declarations of ownership, an order compelling survey and issuance of a title, damages, costs and interest. He claimed the land records captured wrong acreages and that the 1st defendant illegally occupied part of his land. The 1st defendant denied the allegations, asserting it purchased 10 acres in 2013 and that the impugned records predate the sale. Hearing commenced on 7/11/2023 with the plaintiff testifying. Before the further hearing, Stephen Gathara Thiongo, James Mwangi Thiongo and John Muchiri Thiongo applied by motion dated 20/6/2024 to be joined as interested parties. They claimed the two subdivisions were carved out of land bequeathed to the plaintiff and their late mother in 1972, that the land was their ancestral home, that they learnt of the suit while executing an order in a succession cause, and that they intended to raise a customary trust claim. The 1st defendant opposed, arguing the dispute concerned inheritance properly belonging to the Family Division, that the customary trust claim is a distinct cause of action, and that the application was collusive and intended to delay the suit. The court applied Order 1 rule 10(2) of the Civil Procedure Rules and the Muruatetu criteria on interested-party joinder. It held the applicants, having done nothing since 1972 to challenge the plaintiff's registration and charges of the land, were not bonafide interested parties; their remedy was an independent suit with possible consolidation. The application was rejected with costs to the applicants.

Key legal issues

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01

Whether the applicants met the criteria for joinder as interested parties

Holding

The applicants failed to establish the criteria; they had a claim over inheritance/customary trust but had not initiated any independent action despite decades of the plaintiff's dealings inconsistent with trust property, so joinder was refused

Reasoning

The court applied the Muruatetu criteria on interested-party joinder and Order 1 rule 10(2) of the Civil Procedure Rules. It found the applicants were the plaintiff's sons claiming a customary interest in land registered to the plaintiff in 1972, which he had charged three times without challenge. Having done nothing to ventilate their alleged interest independently, the applicants were not bonafide interested parties; an alternative remedy of an independent suit with possible consolidation was available.

p. 4

Legal principles established

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  • Joinder as an interested party is not as of right but at the discretion of the court, requiring a personal identifiable interest, demonstrable prejudice and a demonstration of the case the intended interested party intends to make
  • A person claiming a beneficial interest in suit land who has not taken steps to independently ventilate that claim is not a bonafide interested party entitled to joinder in a pending suit; he may institute independent proceedings

Court orders

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  1. 1.The application for joinder dated 20/6/2024 is rejected for lack of merit
  2. 2.The applicants will bear costs of the application

Authorities

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Legislation

  • Civil Procedure RulesOrder 1 rule 10(2)

Cases cited (1)

  • Francis Karioki Muruatetu & another v Republic & 5 others
    [2017] eKLR
Jurisdiction invoked
Order 1 rule 10(2) 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, "Muchiri v Gathura Investment Limited & another; Thiong’o & 2 others (Interested Parties) (Environment & Land Case E146 of 2022) [2024] KEELC 6828 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6828/eng@2024-10-14

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