Makini Housing Co-operative Society Limited & 2 others v Mwangi & 4 others (Environment and Land Appeal E024 of 2023) [2025] KEELC 701 (KLR)
The bottom line
#A Kenyan court confirmed that being wrongly named in a lawsuit does not get you removed — the case continues and you can argue your innocence at trial.
What this practically means
#Executive summary
#Key legal issues
#Whether agents of a disclosed principal, alleged to have been joined for misjoinder, should be struck out of a suit
The trial magistrate did not err in declining to strike out the 2nd and 3rd Appellants; fraud had been pleaded against them and could only be determined at full hearing, and misjoinder cannot defeat a suit
Order 1 Rule 9 of the Civil Procedure Rules provides that no suit is defeated by misjoinder or non-joinder of parties. The Amended Plaint pleaded fraud/extortion against the 2nd and 3rd Appellants, who allegedly had 'footprints' all over the suit. Should they later be found wrongly enjoined, that determination is curable; striking them out and later finding they ought to have been parties is more injurious. Article 159(2)(d) supports avoiding procedural technicalities.
Whether the appeal was merited
The appeal lacked merit and was dismissed
Having considered the grounds of appeal, the record, rival submissions and authorities, the court found the trial magistrate properly exercised her discretion in retaining the 2nd and 3rd Appellants as parties given the pleaded fraud allegations requiring ventilation at full hearing.
Legal principles established
#- No suit shall be defeated by reason of the misjoinder or non-joinder of parties; the court may deal with the matter in controversy as regards the parties actually before it
- A determination that a party was wrongly enjoined is curable and not fatal; striking out a party who ought to have been before the court is the greater injury
Court orders
#- 1.The appeal is dismissed with costs to the Respondents
- On appeal from
- Magistrates' Court (Kajiado)
- CM ELC Case No. E093 of 2022
- Jurisdiction invoked
- First appeal to the Environment and Land Court from the magistrates' court (statutory appeal jurisdiction; specific provision not stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Makini Housing Co-operative Society Limited & 2 others v Mwangi & 4 others (Environment and Land Appeal E024 of 2023) [2025] KEELC 701 (KLR)", Case Analysis (2025). Not stated on the face of the judgment (appeal from Kajiado CM ELC Case No. E093 of 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/701/eng@2025-02-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.