Onyango [Legal Representative of the Estate of Pius Onyango Obat (Deceased)] & 4 others v KCB Kenya Limited & 6 others (Environment and Land Appeal E052 of 2025) [2025] KEELC 8095 (KLR)

The interpleader suit was filed before the Chief Magistrate's Environment and Land Court at Siaya. Article 162(2)(b) read with Sections 13 and 13(4) of the Environment and Land Court Act gives the ELC original and appellate jurisdiction over land disputes, including contracts and instruments granting interests in land. Section 9(a) of the Magistrates' Courts Act vests jurisdiction in designated magistrates over land matters. The proceeds of sale arise from a land transaction and cannot be severed from the question of beneficiaries, so the predominant purpose is a land dispute.

To ascertain whether litigation on ownership of Uholo/Magoya/221 was being reopened, the court must examine the decisions in the various courts against the facts. Since the inquiry requires an examination of facts, the ground is not a pure question of law and fails as a preliminary objection.

Relying on Tobias M. Wafubwa v Ben Butali and Boniface Kiragu Waweru v James K. Mulinge, the court held that the purpose of Order 9 Rule 9 is notification and protection of outgoing counsel; non-compliance did not cause prejudice to the respondents. Further, no suit is defeated by misjoinder or non-joinder, and questions of proper parties can be dealt with as part of the appeal.

Unjust enrichment does not amount to substantial loss where the recipients can refund the money if the appeal succeeds. The 2nd respondent offered a professional undertaking to refund, which the court considered magnanimous but held that a Bank Guarantee in the equivalent sum of Kshs.2,337,269.80 was the better option. The temporary stay was discharged and replaced with the guarantee condition.