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ELCDismissedNotice of Motion dated 2/12/25 (in the appeal from Nairobi Co-operative Tribunal Case CTC 375 of 2010)· [2026] KEELC 3453 (KLR)

Ufundi Savings & Credit Cooperative Society Ltd v Obara & 191 others (Environment and Land Appeal 37 of 2014) [2026] KEELC 3453 (KLR)

Environment and Land Court
5 June 2026
3,799 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~15 min to read original · ~4 min brief

The bottom line

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A Kenyan court refused to reopen a decided land dispute, ruling that once judgment is delivered, fresh claims belong elsewhere, not the same case.

What this practically means

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Executive summary

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This is a ruling by J G Kemei of the Environment and Land Court at Nairobi on a Notice of Motion dated 2/12/25 filed by the 2nd Respondent/Applicant, Titus Obara, in proceedings arising from a three-judge bench judgment delivered on 20/12/21. That judgment set aside the Co-operative Tribunal's award in Nairobi CTC 375 of 2010 and declared L.R. No. 209/2571 (Ufundi Co-op Plaza) co-owned by the Ufundi Sacco and the Investing Members in the ratio 50.88% to 49.12%, with the property to be sold, the Cooperative Bank loan redeemed, and the balance shared accordingly. The motion sought joinder of the Commissioner for Cooperatives, an injunction against the appellant's rent collection, authority for the Applicants to collect rent and dispose of the premises, citation of the appellant and its directors for contempt, nullification of a caveat emptor published in the Daily Nation on 27/11/25, and disclosure of financial reports for 2022-2023. The appellant opposed, arguing the Court was functus officio, that it had advertised the property for sale twice and continued servicing the loan, and that the Applicants' unilateral valuation and sale efforts were unauthorised. The Court struck out the preliminary objection to Mr Makori's affidavit, held the interim restraint prayer had lapsed, refused joinder of the Commissioner for lack of demonstrated interest or prejudice, found no contempt proved because the appellant had advertised the sale and was paying the loan, and held the remaining prayers to be new causes of action barred by functus officio. The application was dismissed with costs to the appellants.

Key legal issues

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01

Joinder of the Commissioner for Cooperatives as interested party post-judgment

Holding

Joinder refused; the Court is functus officio and the judgment does not adversely affect the Commissioner

Reasoning

The Court applied the Supreme Court tests in Communications Commission of Kenya and Muruatetu on interested parties. It held that post-judgment joinder is permissible only in limited instances such as substitution for execution, death or incapacity of a party, unassessed damages, or violation of constitutional rights. The Applicants failed to show the Commissioner's interest or prejudice, and the Co-operative Act provides mechanisms for addressing a defunct society.

p. 7
02

Contempt of the judgment of 20/12/21

Holding

No contempt established

Reasoning

The Court applied Section 29 of the ELC Act and the Hadkinson principle, requiring the applicant to prove clear terms, notice, and deliberate breach. The appellant had advertised the property for sale twice (2022 and 2024), was still paying the Cooperative Bank loan, and the judgment set no time limit for the sale. The Applicants adduced no contrary evidence, so disobedience was not proved.

p. 8
03

Functus officio as a bar to new applications after judgment

Holding

Prayers for rent collection authority, financial disclosures and nullification of the caveat emptor are new causes of action barred by functus officio

Reasoning

Having rendered judgment on 20/12/21 determining co-ownership in the ratio 50.88% to 49.12% and ordering sale, the Court cannot entertain fresh causes of action that would reopen the determined appeal. The Applicants' remedies lay elsewhere, including under the Co-operative Act through the Commissioner's regulatory powers.

p. 7
04

Validity of the replying affidavit sworn by Mr Makori on behalf of the directors

Holding

The affidavit is valid; the objection fails

Reasoning

The Applicants argued the affidavit was fatally defective because Makori swore it on behalf of directors facing contempt. The Court found Makori had consistently sworn affidavits as Acting Chief Executive Officer and there was no evidence his position was unauthorised.

p. 5

Legal principles established

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  • An unqualified duty rests on every person against whom a court order is made to obey it until discharged, even where the order is believed irregular or void
  • Contempt must be proved on clear elements: unambiguous order, notice, and breach
  • Joinder of an interested party post-judgment is only permissible in limited instances such as substitution for execution

Court orders

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  1. 1.The Notice of Motion dated 2/12/25 is dismissed
  2. 2.Costs of the application awarded to the appellants

Authorities

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Legislation

  • Judicature ActSection 5
  • Civil Procedure ActSections 1A, 1B, 3 and 3A
  • Civil Procedure RulesOrder 40 Rule 1; Order 50 Rule 1; Order 1 Rule 10(2)
  • Environment and Land Court ActSection 29
  • Co-operative Actnull
  • Constitution of KenyaArticle 159

Cases cited (5)

  • Communications Commission of Kenya and 4 Others –vs- Royal Media Services Limited & 7 Others
  • Meme v. Republic
    [2004] 1 EA 124
  • Francis K. Muruatetu and Another vs. Republic & 5 Others
    (2016) eKLR
  • Kenya Human Rights Commission V Attorney General and Another
    (2018) eKLR
  • Hadkinson –vs- Hadkinson
    (1952) ALL ER 567
On appeal from
Co-operative Tribunal, Nairobi
CTC 375 of 2010
Jurisdiction invoked
Section 5 of the Judicature Act; Sections 1A, 1B, 3 and 3A of the Civil Procedure Act; Orders 40 Rule 1 and 50 Rule 1 of the Civil Procedure Rules; Section 29 of the ELC Act

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, "Ufundi Savings & Credit Cooperative Society Ltd v Obara & 191 others (Environment and Land Appeal 37 of 2014) [2026] KEELC 3453 (KLR)", Case Analysis (2026). Notice of Motion dated 2/12/25 (in the appeal from Nairobi Co-operative Tribunal Case CTC 375 of 2010). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3453/eng@2026-06-05

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