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ELCAllowedNot stated in the judgment as provided· [2025] KEELC 4783 (KLR)

Gami Properties Limited v Chief Land Registrar & another; National Land Commission & 2 others (Interested Parties) (Environment and Land Case E154 of 2024) [2025] KEELC 4783 (KLR)

Environment and Land Court
13 June 2025
TMT. MURIGI
2,114 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court struck out an interested party who had no real stake in a land dispute, warning against naming parties without court leave.

What this practically means

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Executive summary

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The 2nd Interested Party, the registered proprietor of LR No. 209/19708 (IR No. 125879) following judgment in Milimani ELC Case No. 271 of 2011, moved to strike out the suit against it and to have its name removed from the proceedings for failure to disclose a reasonable cause of action and improper joinder. It argued it had no identifiable stake, no relevant information to assist the court, and that its joinder without leave was unprocedural and an abuse of process. The plaintiff opposed, contending that the 2nd Interested Party's successful prior litigation against the 3rd Interested Party, which resulted in cancellation of the title to LR No. 25805, is central to its claim for indemnity against the Defendants for the irregular allocation creating overlapping titles. Applying Order 1 Rule 10(2) of the Civil Procedure Rules and the interested-party test from Communications Commission of Kenya v Royal Media Services and Meme v Republic, the court found no nexus between the 2nd Interested Party and the subject matter, held the joinder unprocedural for want of leave, and concluded the 2nd Interested Party had no identifiable stake and its presence would not assist effective determination of the dispute. The application dated 28th August 2024 was allowed: the suit against the 2nd Interested Party was struck out and it was awarded costs of the application.

Key legal issues

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01

Whether the 2nd Interested Party should be struck out from the suit

Holding

The application was allowed; the 2nd Interested Party was struck out as it had no identifiable stake and was joined without leave.

Reasoning

The court applied Order 1 Rule 10(2) of the Civil Procedure Rules and the test for interested parties from Communications Commission of Kenya v Royal Media Services and Meme v Republic. It found no nexus between the 2nd Interested Party and the subject matter, noting the plaintiff's claim is for indemnity against the Defendants for irregular allocation. Joinder without leave was held unprocedural and of no assistance to the court.

p. 5

Legal principles established

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  • A party may be struck out where improperly joined and where its joinder does not assist the effective determination of the dispute; joinder of an interested party without leave is unprocedural.

Court orders

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  1. 1.The suit against the 2nd Interested Party be and is hereby struck out
  2. 2.The 2nd Interested Party is awarded costs of the application

Authorities

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Legislation

  • Civil Procedure RulesOrder 1 Rule 10(2)
  • Civil Procedure ActSections 1A and 1B

Cases cited (5)

  • Meme v Republic
    [2004] 1 EA 124
  • Justin Kithinji Nderi & 2 others v Director of Public Prosecutions & Another; Njiru Micheni Nthiga (Interested Party)
    (2020) eKLR
  • Civicon Limited v Kivuwatt Limited & 2 others
    (2015) eKLR
  • Communications Commission of Kenya and 4 Others v Royal Media Services Limited & 7 Others
    Petition No. 15 of [2014] eKLR
  • Trusted Society of Human Rights Alliance v Mumo Matemo & 5 Others
    (2015) eKLR
Jurisdiction invoked
Original jurisdiction under the Environment and Land Court Act; application under Order 1 Rule 10(2) 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, "Gami Properties Limited v Chief Land Registrar & another; National Land Commission & 2 others (Interested Parties) (Environment and Land Case E154 of 2024) [2025] KEELC 4783 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4783/eng@2025-06-13

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