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ELCDismissed· [2025] KEELC 1198 (KLR)

Oshumu v Ngeshian & 4 others; Ngeshian & 2 others (Plaintiffs to the Counterclaim); Oshumu & 5 others (Defendant to the Counterclaim) (Environment & Land Case E047 of 2021) [2025] KEELC 1198 (KLR)

Environment and Land Court
13 March 2025
LKL. Komingoi
433 words in judgment
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The bottom line

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A Kajiado court ruled that parties tied to a land allocation dispute cannot be removed from a case, because their presence helps the court resolve all issues fairly.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Kajiado (L. Komingoi J) determined a Preliminary Objection dated 19th October 2023 raised by the 2nd to 4th Defendants (in the Counterclaim). They contended that they were wrongfully, unprocedurally and illegally enjoined to the suit under Order 1 of the Civil Procedure Rules, and that the Counterclaim against the Third Defendant to the Counterclaim had no basis and should be struck out. By consent of the parties, the objection was canvassed by way of written submissions. The court reviewed the pleadings and noted that in the Counterclaim, the 1st to 3rd Defendants in the main suit alleged that the 2nd defendant was responsible for the allocation of the suit properties, while the 3rd and 4th defendants were in charge of the affairs of the 2nd defendant, including sub-division of its larger parcel. Applying Order 1 rule 3 of the Civil Procedure Rules, which permits joinder of all persons against whom any right to relief arises out of the same act or transaction or where common questions of law or fact would arise, the court found the 2nd to 4th Defendants (in the Counterclaim) to be critical parties to the issues on allocation of the suit properties. The court applied the decision in Andy Forwarders Services Limited & Another v Price Waterhouse Coopers Limited & Another (2012) eKLR, holding that a person may be joined not because there is a cause of action against him, but because his presence is necessary to enable the court effectually and completely adjudicate upon and settle all questions involved. The Preliminary Objection was found to lack merit and was dismissed with costs to the Plaintiffs (in the Counterclaim).

Key legal issues

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01

Whether the 2nd to 4th Defendants (in the Counterclaim) were wrongfully, unprocedurally and illegally enjoined to the suit under Order 1 of the Civil Procedure Rules

Holding

The joinder is proper; the defendants are necessary parties to the issues raised on allocation of the suit properties

Reasoning

The Counterclaim alleges the 2nd defendant was responsible for allocation of the suit properties while the 3rd and 4th defendants managed its affairs including sub-division of its larger parcel. Under Order 1 rule 3, all persons against whom any right to relief arises out of the same act or transaction, or where common questions of law or fact arise, may be joined. Relying on Andy Forwarders, their presence is necessary to enable the court to effectually and completely adjudicate on all questions. The objection therefore lacked merit.

p. 2

Legal principles established

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  • A person may be joined as a defendant not because there is a cause of action against him but because his presence is necessary for the court to effectually and completely adjudicate on all questions involved

Court orders

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  1. 1.The Preliminary Objection dated 19th October 2023 is dismissed
  2. 2.Costs of the Preliminary Objection to the Plaintiffs (in the Counterclaim)

Authorities

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Legislation

  • Civil Procedure RulesOrder 1 rule 3

Cases cited (1)

  • Andy Forwarders, Service Limited & Another Vs. Price Waterhouse Coopers Limited & Another
    (2012) eKLR
Jurisdiction invoked
Not expressly stated; first-instance determination of a preliminary objection under Order 1 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, "Oshumu v Ngeshian & 4 others; Ngeshian & 2 others (Plaintiffs to the Counterclaim); Oshumu & 5 others (Defendant to the Counterclaim) (Environment & Land Case E047 of 2021) [2025] KEELC 1198 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/1198/eng@2025-03-13

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