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ELCDismissedNot stated in the excerpt· [2026] KEELC 3928 (KLR)

Dazzler Properties Ltd v Njuguna & 4 others (Land Case E088 of 2025) [2026] KEELC 3928 (KLR)

Environment and Land Court
29 June 2026
1,125 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court refused to remove a defendant from a land dispute, ruling that anyone accused in a case has a right to stay and answer the allegations.

What this practically means

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Executive summary

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The Environment and Land Court (Hon. Mbogo C.G., J) determined a notice of motion dated 26th March, 2025 by the 2nd defendant/applicant, brought under Article 159 of the Constitution, Order 1 Rule 10(2) and Order 51 Rule 1 of the Civil Procedure Rules, seeking her striking out from the suit for misjoinder. She swore she had no interest in the suit property, was neither a director nor shareholder of the 2nd interested party, and that no specific reliefs were sought against her. The plaintiff/respondent, through Peter Kiarie Muraya, opposed, deposing that the 2nd defendant played an active role in an attempt to grab the suit property; that a registry search on 30th September, 2024 showed Mr. and Mrs. Onwere removed as directors/shareholders and the 1st and 2nd defendants entered as sole directors holding 75 and 25 shares respectively, until rectification on 18th February, 2025 reinstated the Onweres. In a further affidavit the applicant argued that any shareholding dispute belonged to another forum. Framing the sole issue as whether the 2nd defendant was misjoined, the court applied Order 1 rule 10(2) and the Court of Appeal's decision in M'imwenda & another v Mire (citing Mbaki & Others vs Macharia) on the right to be heard. It held the allegations against her were serious, touched the root of title, and that she could be affected by any orders made. The motion was dismissed with costs in the cause.

Key legal issues

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01

Whether the 2nd defendant is misjoined in the suit

Holding

Application dismissed; the 2nd defendant is a necessary party who should remain in the suit to answer allegations against her

Reasoning

The plaintiff raised accusations against the 2nd defendant, including an active role in an alleged attempt to grab the suit property and interference with the shareholding of the 2nd interested party. The court held it immaterial at that stage whether the allegations fall within its jurisdiction, since the acts complained of relate to the root of title, and the outcome of any orders made could severely affect her in her absence. The right to be heard under natural justice required her presence.

p. 3

Legal principles established

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  • A person likely to be affected by the outcome of a suit has a right to be heard under the rules of natural justice and is a necessary party
  • Order 1 rule 10(2) empowers the court at any stage to strike out improperly joined parties or add necessary ones

Court orders

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  1. 1.Notice of motion dated 26th March, 2025 dismissed
  2. 2.Costs to be in the cause

Authorities

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Legislation

  • Constitution of KenyaArticle 159
  • Civil Procedure RulesOrder 1 Rule 10(2)
  • Civil Procedure RulesOrder 51 Rule 1

Cases cited (2)

  • M'imwenda & another v Mire (Civil Appeal (Application) 3 of 2019) [2024] KECA 1257 (KLR)
    [2024] KECA 1257 (KLR)
  • Mbaki & Others vs Macharia & Another [2005] 2 EA 206
    [2005] 2 EA 206
Jurisdiction invoked
Article 159 of the Constitution; Order 1 Rule 10(2) and Order 51 Rule 1 of the Civil Procedure Rules

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, "Dazzler Properties Ltd v Njuguna & 4 others (Land Case E088 of 2025) [2026] KEELC 3928 (KLR)", Case Analysis (2026). Not stated in the excerpt. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3928/eng@2026-06-29

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