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ELCOtherNot stated in judgment· [2025] KEELC 6809 (KLR)

In re Estate of the late M'Mborothi M'Aciuri (Misjoinder of Appellants in Appeal)

Environment and Land Court
6 October 2025
BEB M Eboso
237 words in judgment
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The bottom line

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Kenya's Environment and Land Court ordered an estate to remove wrongly named appellants from its land appeal within 90 days or lose the appeal entirely.

What this practically means

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Executive summary

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This short appellate ruling of the Environment and Land Court, delivered by B M Eboso, ELC Judge, on 6 October 2025, addresses the misjoinder of parties as appellants. The Land Adjudication Officer and the Attorney General had been designated as appellants in a memorandum of appeal, but both disowned the appeal, stating they were not privy to the memorandum that initiated it. The court held that designating parties as appellants who are not privy to the memorandum of appeal is a serious matter, since such parties are wrongly deemed to have dragged the respondents to court when they have not. Taking account of the gravity of the matter, the court ordered the party who drew and served the memorandum of appeal - evidently the estate of the late M'Mborothi M'Aciuri - to amend the memorandum within 90 days and remove the two misjoined appellants, the period accounting for time the estate may need to put its house in order. In default of compliance, the memorandum of appeal and the appeal cause were to stand struck out automatically. In that event, the estate would bear the costs of the 2nd and 3rd appellants and of the two respondents. No authorities were cited and the substantive appeal remains pending compliance.

Key legal issues

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01

Misjoinder of parties as appellants in a memorandum of appeal

Holding

Parties designated as appellants who are not privy to the memorandum of appeal must be removed; the party responsible for the misjoinder must amend the memorandum within a fixed period failing which the appeal is struck out.

Reasoning

The court found that the Land Adjudication Officer and the Attorney General were designated appellants yet had disowned the appeal, not being privy to the memorandum of appeal. This wrongly dragged the respondents to court. Given the gravity, the court directed amendment and removal within 90 days, with automatic striking out of the memorandum and appeal cause upon default, and conditional costs against the estate responsible.

p. 1

Legal principles established

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  • Joinder of a party as an appellant who is not privy to the memorandum of appeal is a serious matter that a court of law will not take lightly.

Court orders

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  1. 1.The party who drew and served the memorandum of appeal to amend it and remove the Land Adjudication Officer and the Attorney General as appellants within 90 days
  2. 2.If there is no compliance within 90 days, the memorandum of appeal and the appeal cause shall stand struck out
  3. 3.In that event, the estate of the late M'Mborothi M'Aciuri shall bear the costs of the 2nd and 3rd appellants and the costs of the two respondents
Jurisdiction invoked
Appellate jurisdiction of the Environment and Land Court (provision not stated in judgment)

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, "In re Estate of the late M'Mborothi M'Aciuri (Misjoinder of Appellants in Appeal)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6809/eng@2025-10-06

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