Kihara & another v Sharifow (Environment & Land Case E029 of 2023) [2025] KEELC 4904 (KLR)
The bottom line
#A landowner who signed an agreement admitting ownership of disputed Nairobi land cannot escape a lawsuit over that land by denying he owns it.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Defendant should be struck off this suit
Key legal issues
#Whether the Defendant should be struck out of the suit under Order 1 Rule 10(2) of the Civil Procedure Rules
The application was dismissed; the Defendant is properly joined as owner of Plot No. 285 (LR No. 36/VII/285).
Although the Defendant denied ownership of the suit property in his supporting affidavit, he signed an Agreement for Removal of Temporary Structures dated 6th September 2024 in which he admitted ownership of plot LR 36/VII/285. That agreement, produced as annexure 'BN1' by the Plaintiff, confirmed his ownership. His presence is necessary for the court to effectually and completely adjudicate on all questions in the suit, so striking him out was unwarranted and the application constituted an abuse of process.
Legal principles established
#- A party whose ownership of the disputed property is confirmed by a signed agreement is properly joined, and an application by such a party to be struck out of the suit amounts to an abuse of the process of court.
- The court may at any stage strike out the name of a party improperly joined, or join any person whose presence is necessary to effectually and completely adjudicate upon the suit, under Order 1 Rule 10 of the Civil Procedure Rules.
Court orders
#- 1.The Notice of Motion application dated 25th November 2023 is dismissed
- 2.Costs will be in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 1, Rule 10 (1) and (2) of the Civil Procedure Rules
Relief refused
#Striking out of the name of Abdirashid Abdul Sharifow from the suit
The Defendant admitted ownership of the suit property in an agreement dated 6th September 2024, and his presence is necessary for the court to effectually and completely adjudicate on the dispute; the application amounts to an abuse of process
Costs
Costs will be in the cause
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In the circumstance, I find the instant Notice of Motion application unmerited and will proceed to dismiss it.
Costs will be in the cause.
It is my considered view that seeking an order to be struck off this suit, actually amounts to an abuse of the process of court.
I opine that his presence before the court may be necessary in order to enable the court effectually and completely adjudicate upon and settle all questions involved in the suit.
Issues in the judgment
#Internal date inconsistency: the application is dated 25th November 2023, but the Plaintiff's replying affidavit attaches an Agreement dated 6th September 2024, which post-dates the application.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kihara & another v Sharifow (Environment & Land Case E029 of 2023) [2025] KEELC 4904 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4904/eng@2025-06-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.