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ELCDismissedNot stated in the ruling· [2025] KEELC 8158 (KLR)

Mochoni (Suing as the Legal Administrator of the estate of Mochoni Monyenye (DeceasedE) v Nyasae & 3 others (Environment and Land Case E013 of 2024) [2025] KEELC 8158 (KLR)

Environment and Land Court
26 November 2025
DOD. O. Ohungo
2,000 words in judgment
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The bottom line

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A Kenyan land court refused a defendant's late attempt to pull a seller into an ongoing trial, confirming they must sue him separately instead.

What this practically means

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Executive summary

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The Plaintiff, administrator of the estate of Mochoni Monyenye (deceased), sued claiming to be in occupation of Kisii/Bokeira 1/428, registered in the deceased's name, after the 1st Defendant's agents allegedly invaded the property on 5th January 2023. She sought a permanent injunction and cancellation of any title issued to the Defendants. While the Plaintiff's case had closed (27th March 2025) and DW1 had testified (28th May 2025), the 1st and 2nd Defendants filed a Notice of Motion on 16th September 2025 seeking leave to issue a third-party notice to Richard Makori, from whom they said they purchased the suit land by agreements dated 7th January 2017. They argued the intended third party was the registered owner at the time of sale and that his presence was necessary for the court to grasp how the land was transferred. The Plaintiff opposed, describing the application as an unexplained, inordinate and prejudicial afterthought, noting pleadings closed on 24th July 2024. The 3rd and 4th Defendants did not oppose. The court framed one issue: whether leave should issue under Order 1 rule 15(1) of the Civil Procedure Rules. Holding that pleadings closed on 6th August 2024 and no explanation for the year-old delay was offered, and that the trial was partly complete, D. O. Ohungo J found the application prejudicial and without merit. He noted the Defendants could pursue any claim against Makori in separate proceedings, and dismissed the application with costs to the Plaintiff.

Key legal issues

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01

Whether leave to issue a third-party notice under Order 1 rule 15(1) can be granted after closure of pleadings and during trial

Holding

Leave was refused because the application was filed long after pleadings closed, with no explanation for the delay, and would prejudice the Plaintiff.

Reasoning

Order 1 rule 15(1) requires an application for leave within fourteen days after closure of pleadings. Pleadings closed on 6th August 2024, yet the application was filed on 16th September 2025, after the Plaintiff had closed her case and DW1 had testified. No explanation for the delay was offered. Allowing the application would prejudice the Plaintiff and the intended third party, who would join after part of the trial had taken place.

p. 4
02

Whether the Applicants retain an alternative remedy against the intended third party

Holding

The Applicants are free to pursue any claim against Richard Makori through separate proceedings.

Reasoning

The court recognised that refusal of leave does not extinguish the Defendants' substantive rights against the seller. Any claim for indemnity or contribution may be litigated independently since the purpose of third-party proceedings, consolidation of related disputes in one suit, can no longer be met at this late stage.

p. 5

Legal principles established

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  • A defendant who has gone through part or all of the trial without seeking leave to join a third party cannot reset the clock by a late application; the remedy is a separate proceeding.

Court orders

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  1. 1.Notice of Motion dated 16th September 2025 dismissed with costs to the Plaintiff
Jurisdiction invoked
Order 1 rule 15 of the Civil Procedure Rules 2010 (leave to issue third-party notice)

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, "Mochoni (Suing as the Legal Administrator of the estate of Mochoni Monyenye (DeceasedE) v Nyasae & 3 others (Environment and Land Case E013 of 2024) [2025] KEELC 8158 (KLR)", Case Analysis (2025). Not stated in the ruling. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8158/eng@2025-11-26

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