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ELCDismissedNot stated in the extract· [2025] KEELC 3007 (KLR)

Kwanza Estates Limited v Ewins & 3 others; Dubai Bank Kenya Limited (In Liquidation) & another (Interested Parties); Vae & 2 others (Intended Interested Party) (Environment and Land Case E050 of 2023) [2025] KEELC 3007 (KLR)

Environment and Land Court
25 March 2025
1,781 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 to join three parties claiming 100-year occupation of Watamu land because they provided no evidence of that occupation.

What this practically means

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Executive summary

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The 3rd to 5th Intended Interested Parties moved the Environment and Land Court at Malindi by Notice of Motion dated 16/10/2024, brought under Sections 1A, 1B and 3A of the Civil Procedure Act and Order 51 of the Civil Procedure Rules, seeking to be joined as interested parties in a suit concerning Plot No. 49 Watamu (CR No. 12531), together with consequential amendment of the plaint and costs. They claimed that they and their forefathers had openly, peacefully and uninterruptedly occupied the suit property for over 100 years, that they only recently learnt of the suit, and that their interests would otherwise go unaddressed. The Plaintiff opposed, deposing through Geoffrey Asanyo that the applicants are neither registered nor in occupation, having purchased the property in 2012 when it was vacant, with the 1st-4th Defendants only trespassing from 2014. The Plaintiff relied on the Supreme Court's Muruatetu criteria for joinder and on Section 107(1) of the Evidence Act and the Anne Wambui Ndiritu case on the burden of proof. Framing two issues (joinder and costs), the court, Mwangi Njoroge J, applied Order 1 Rule 10(2), the definition of an interested party in the 2013 Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Rules, and Supreme Court and High Court authorities including Communications Commission of Kenya v Royal Media Services, Meme v Republic and Skov Estate Limited v Agricultural Development Corporation. It held that an identifiable stake and demonstrable necessity of presence are required, and that the applicants' affidavit contained no evidentiary support - not even photographs - for the alleged century-long occupation. The application was dismissed with costs and the matter listed for mention on 30th April 2025 for issuance of a hearing date.

Key legal issues

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01

Whether the Intended Interested Parties should be joined as interested parties

Holding

The application failed because the applicants did not demonstrate an identifiable stake or legal interest in the suit property.

Reasoning

Under Order 1 Rule 10(2) and the definition of an interested party, an applicant must show a clear stake and that their presence is necessary to settle all questions in the suit. The applicants alleged over 100 years' occupation of Plot No. 49 Watamu but produced no evidence - not even photographs - of occupation, while the Plaintiff asserted it bought the property vacant in 2012. The threshold for joinder must not be too low, lest busybodies join proceedings.

p. 4
02

Who should bear the costs of the application

Holding

The applicants were to pay the costs of the dismissed application.

Reasoning

Having found no merit in the application, the court exercised its discretion on costs against the unsuccessful applicants, dismissing the motion with costs and directing a mention date for fixing the hearing of the main suit.

p. 5

Legal principles established

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  • An interested party must demonstrate an identifiable stake and that their presence is necessary for the court to effectually and completely adjudicate on all questions in the suit; a mere interest in being affected by the outcome is not enough.

Court orders

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  1. 1.The Notice of Motion dated 16/10/2024 is dismissed with costs
  2. 2.The matter to be listed for mention on 30th April 2025 for issuance of a hearing date

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B and 3A
  • Civil Procedure RulesOrder 1 Rule 10(2); Order 1 Rule 3; Order 10(2); Order 51
  • Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013Rule 2 (definition of interested party)
  • Evidence ActSection 107(1)

Cases cited (5)

  • Francis Kariuki Muruatetu and Another v Republic and 5 Others
    [2016] eKLR
  • Anne Wambui Ndiritu v Joseph Kiprono Ropkoi & another
    [2005] 1 EA 334
  • Communications Commission of Kenya and 4 Others v Royal Media Services Limited & 7 Others
    Petition No. 15 of [2014] eKLR
  • Meme v. Republic
    [2004] 1 EA 124
  • Skov Estate Limited & 5 others v Agricultural Development Corporation & another
    [2015] eKLR
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act and Order 51 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, "Kwanza Estates Limited v Ewins & 3 others; Dubai Bank Kenya Limited (In Liquidation) & another (Interested Parties); Vae & 2 others (Intended Interested Party) (Environment and Land Case E050 of 2023) [2025] KEELC 3007 (KLR)", Case Analysis (2025). Not stated in the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3007/eng@2025-03-25

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