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ELCAllowedNot stated in the judgment

Ngure (Suing as an Administrator of the Estate of Hellen Wanjiru Ngure - Deceased) & another v Ouma & 4 others (Environment and Land Case E016 of 2024) [2025] KEELC 6706 (KLR)

Environment and Land Court
6 October 2025
COCHRISTINE OCHIENG
1,442 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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The Environment and Land Court at Nairobi, per Christine Ochieng J, ruled on a Chamber Summons application dated 14th February 2025 by the 4th and 5th Defendants (the Director Planning Compliance and Enforcement and Nairobi City County) seeking their striking out from a suit in which the Plaintiffs allege trespass and forcible entry onto LR 15400/163 Sossian Estate, fraudulent issuance of a share certificate by the 2nd Defendant, and collusion between the 2nd and 3rd Defendants in subdividing the property. The Applicants argued there was no nexus between the claims and themselves and that they were neither proper nor necessary parties under Order 1 Rule 3. The Plaintiffs opposed, contending the county defendants had a statutory mandate over enforcement of development control, demolition and eviction orders and were necessary for effective implementation of any decree. The court identified a single issue: whether the 4th and 5th Defendants should be struck out. Applying Order 2 Rule 15(1) and Order 3 Rule 10, and adopting the Amon v Raphael Tuck definition of a necessary party via Pizza Harvest v Midigo, the court found no cause of action pleaded against the 4th and 5th Defendants except a final prayer directing them to assist implementation of the court's orders. It held they could be directed to assist in implementation even without being parties, as the dispute's core was ownership between the Plaintiffs and the 1st Defendant. The application was allowed; the 4th and 5th Defendants were struck out with no orders as to costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.whether the 4th and 5th Defendants should be struck off this suit

Key legal issues

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01

Whether the 4th and 5th Defendants are necessary and proper parties to the suit

Holding

They are not; the plaintiffs disclosed no cause of action against them and enforcement assistance can be sought without joinder.

Reasoning

The court examined the plaint and found no cause of action pleaded against the 4th and 5th Defendants apart from a final prayer seeking an order directing the Director Planning Compliance and Enforcement to assist implementation. Applying Order 3 Rule 10 and the Amon v Raphael Tuck test of necessity, it held the dispute's fulcrum is ownership between the plaintiffs and the 1st Defendant, so the county defendants' presence was unnecessary for effective and complete adjudication.

p. 3

Legal principles established

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  • A party whose only connection to a suit is the possibility of being directed to assist in implementation of court orders, and against whom no cause of action is pleaded, is not a necessary party.

Court orders

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  1. 1.The 4th and 5th Defendants' Chamber Summons application dated 14th February 2025 is allowed
  2. 2.The 4th and 5th Defendants are struck out from the suit
  3. 3.No orders as to costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

CO
majority

Wrote the judgment

Jurisdiction invoked
Order 2 Rule 15(1) and Order 3 Rule 10 of the Civil Procedure Rules, 2010

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

I proceed to strike out the 4th and 5th Defendants from this suit but make no orders as to costs.
p. 4Final orders - striking out of parties
I opine that the 4th and 5th Defendants can still be directed to assist in the implementation of this Court’s Orders, even if they are not parties to the suit.
p. 3Necessity of joinder for enforcement purposes
The only reason which makes it necessary to make a person a party to an action is so that he should be bound by the result of the action
p. 3Definition of a necessary party (Amon v Raphael Tuck)

Issues in the judgment

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minor

Case title, case number and neutral citation are not stated anywhere in the judgment text provided.

minor

Judgment inconsistently identifies the parties' counsel and the judgment conflates 4th/5th Defendants' submissions under 'respondent' labelling; also D.T. Dobie is cited twice with different citations by different parties and the court.

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, "Ngure (Suing as an Administrator of the Estate of Hellen Wanjiru Ngure - Deceased) & another v Ouma & 4 others (Environment and Land Case E016 of 2024) [2025] KEELC 6706 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6706/eng@2025-10-06

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