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ELCAllowedNot stated in the judgment excerpt· [2025] KEELC 4673 (KLR)

Kambi v Ruston Global Holdings Limited (Environment and Land Case E079 of 2020) [2025] KEELC 4673 (KLR)

Environment and Land Court
19 June 2025
JKJ G Kemei
1,764 words in judgment
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The bottom line

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Kenya's Environment and Land Court allowed a landowner to amend their claim and add five defendants years late, ruling that delay alone shouldn't block justice when compensation in costs suffices.

What this practically means

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Executive summary

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The plaintiff applicant moved the Environment and Land Court at Nairobi by Notice of Motion dated 29 January 2025 seeking leave to amend his plaint filed on 20 August 2020, so as to enjoin five additional defendants and plead his claim fully, with the amended plaint deemed duly filed upon payment of fees, plus costs. The defendant, through the Replying Affidavit of its Managing Director Victor Kidiwa, opposed the application, contending it was brought after an inordinate and unexplained delay of about six years, was a delay tactic and abuse of process, introduced new and inconsistent causes of action, and would prejudice its ability to respond, which costs could not adequately compensate as it pays rates, loans and outgoings on the land. It also argued the new claims were time barred under Section 4 of the Limitation of Actions Act, relying on St Patrick's Hill School Limited v Bank of Africa Kenya Limited. The applicant relied on Eastern Bakery v Castelino and Central Kenya Ltd v Trust Bank, submitting amendments should be freely allowed if no injustice beyond compensable prejudice results. Applying Section 100 of the Civil Procedure Act and Order 8 Rule 5, J G Kemei J acknowledged the unexplained delay but held the prejudice was compensable and that joining the defendants would enable all controversies over the suit land, premised on alleged fraudulent acquisition, to be determined at once and in finality. The limitation objection failed because recovery of land is governed by the 12-year period in Section 7. The application was allowed with directions for filing and exchange of pleadings within 14 days each, expeditious preparation for hearing, and throw away costs of Kshs 50,000 to the respondent.

Key legal issues

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01

Whether leave to amend the plaint and join five additional defendants should be granted despite inordinate delay

Holding

Application allowed; delay was unexplained but causes of action are better determined on merit, and greater injustice would occur if the application were denied

Reasoning

The court acknowledged unexplained delay since 2020 and that delay prejudices the respondent in time and expenses. However, it held the real question is whether that prejudice is compensable by costs and whether justice can still be done. The claims rest on alleged fraudulent acquisition of land with competing claims and the applicant in occupation; joining the defendants allows all controversies to be determined at once and in finality.

p. 4
02

Whether the proposed claims are time barred under Section 4 of the Limitation of Actions Act (6-year contractual period)

Holding

Not time barred; the claim is for recovery of land, governed by the 12-year period under Section 7

Reasoning

The respondent argued the amendments introduced claims outside the 6-year period applicable to contract. The court rejected this because the cause of action is recovery of land, to which Section 7 of the Limitation of Actions Act applies, prescribing 12 years rather than 6.

p. 4

Legal principles established

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  • Amendments to pleadings sought before hearing should be freely allowed if they can be made without injustice to the other side, injustice being compensable by costs
  • All amendments and joinders should be freely allowed at any stage provided they do not result in prejudice or injustice not compensable in costs

Court orders

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  1. 1.The applicant to file and serve the amended plaint within the next 14 days
  2. 2.Upon service the Defendants to file and serve their defenses within 14 days
  3. 3.Thereafter parties to prepare the suit for hearing expeditiously
  4. 4.The Applicant to pay throw away costs to the Respondent in the sum of Kshs 50,000/-
Jurisdiction invoked
Sections 100 of the Civil Procedure Act and Order 8 Rule 5 of the Civil Procedure Rules (amendment of pleadings)

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, "Kambi v Ruston Global Holdings Limited (Environment and Land Case E079 of 2020) [2025] KEELC 4673 (KLR)", Case Analysis (2025). Not stated in the judgment excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4673/eng@2025-06-19

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