Maloba & 2 others v Mabonga & another; Misiko & another (Proposed Third Parties) (Environment and Land Case E007 of 2024) [2026] KEELC 166 (KLR)
The bottom line
#Kenya's Environment and Land Court allowed late third-party notices in a land dispute, ruling that a vague objection about missed deadlines fails.
What this practically means
#Executive summary
#Key legal issues
#Whether leave should be granted to issue third party notices after the period stipulated in Order 1 Rule 15(1)
The preliminary objection on lapse of time failed because it did not disclose when the 14 days began to run; and on the merits the defendants established a prima facie claim against the proposed third parties, so leave was granted.
The court held that pleadings close 14 days after service of a reply or defence to counterclaim under Order 2 Rule 13, and the preliminary objection did not state when the defence or reply was served. Since a question of time is straightforward, the burden lay on the plaintiffs to demonstrate when the 14-day period began and lapsed, which they failed to do. On the merits, the defendants showed a land sale chain from the 1st plaintiff through the 1st proposed third party, with evidence of payments, warranting joinder.
Whether the defendants established a basis for joinder of the proposed third parties
Yes - a prima facie claim for indemnity connected with the suit property was established.
The defendants explained that they purchased the suit property from the proposed third parties, who in turn purchased from the 1st plaintiff, and attached evidence of payment of funds including bank statements and statements. The court noted the veracity of that evidence would be tested at trial, but found the relief sought related to the subject matter, satisfying Order 1 Rule 15.
Legal principles established
#- A party invoking lapse of a limitation period must demonstrate when time began to run and when it lapsed; otherwise the objection is vague.
- A defendant seeking to join a third party must show a prima facie claim for contribution, indemnity or relief connected with the subject matter of the suit.
Court orders
#- 1.The plaintiffs' preliminary objection dated 7th October 2024 is dismissed
- 2.The defendants are granted leave of 14 days to issue third party notice to Peter Kayumba Misiko and Bonface Musi
- 3.Costs of the application shall abide the determination of the suit
- Jurisdiction invoked
- Order 1 Rule 15 of the Civil Procedure Rules (leave to issue third party notice)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maloba & 2 others v Mabonga & another; Misiko & another (Proposed Third Parties) (Environment and Land Case E007 of 2024) [2026] KEELC 166 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/166/eng@2026-01-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.