Guandai (Suing as the Administrator of the Estate of Guandai Karugu (Deceased)) v Tuei & 4 others (Environment & Land Case 65 of 2019) [2024] KEELC 7327 (KLR)

The court applied Order 8 rule 5 of the Civil Procedure Rules, which permits amendment at any time before judgment. It reasoned that amendment would clarify the issues in dispute, and that the plaintiff and other parties would suffer no prejudice since they too would be at liberty to amend their own pleadings in response.

The court found it fair and just to restrict dealings with the nine subdivisions because, absent restriction, the parcels could be alienated during the pendency of the suit. Such alienation would complicate the litigation by prompting further amendments, so preservation was necessary to keep the suit manageable.

The court held the Land Registrar and the Attorney General are necessary parties because the Registrar is the custodian of the records relating to the suit parcel and both have a role in explaining the alleged illegal cancellation of the applicant's name from the register and the subsequent transmissions and subdivisions.

The court held that the fourth prayer sought a substantive final remedy. Since an order of inhibition had already issued protecting the suit land, the appropriate course was for the 5th defendant to include the cancellation claim in the amended counterclaim and seek it as a final order after trial, not by interlocutory motion.