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MagistratePartially AllowedNot stated in judgment· [2025] KEMC 171 (KLR)

St John Everlasting Gospel Churd Registered Trustees v Okeyo; Githua (Intended Interested Party) (Civil Suit E1249 of 2022) [2025] KEMC 171 (KLR)

Chief Magistrate's Court at Nairobi
15 May 2025
PAP. ACHIENG
1,338 words in judgment
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The bottom line

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A Nairobi court let an occupant join a rent-eviction case as an interested party, but refused to stop his eviction because he had no claim of his own.

What this practically means

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Executive summary

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Geofirey Ngugi Githua applied by notice of motion dated 25th October 2024 to be enjoined as an interested party in a suit concerning LR No. 209/11363, Imara Daima Estate, Nairobi, and sought interim orders restraining the plaintifi and defendant from evicting him or interfering with his occupation. He asserted he had been in possession since 15th January 2023, having taken over from the defendant with the plaintifi's knowledge, that rent had been accepted from him, that he had developed the premises and leased portions to third parties, that he had not been served under the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301, and that his property rights under Article 40 would be affected. The plaintifi opposed, invoking the Muruatetu test for joinder, privity of contract, the doctrine of laches, and asserting the suit merely sought enforcement of a default judgment of the Business Premises Rent Tribunal following termination on 1st April 2021. Applying Order 1 Rule 10(2) of the Civil Procedure Rules and the tests in Muruatetu, Meme v Republic and the Kenya Medical Laboratory Technicians case, the court found that the defendant's defence admits sub-letting the suit land and that the applicant, in possession and likely to be affected by the relief sought, has a stake in the proceedings. Joinder as interested party was allowed in terms of prayer 1. Prayer 2, the interim injunction against eviction, was refused because it was not pegged on any claim against the plaintifi or defendant. Costs were placed in the cause. Judgment delivered by Hon. P. Achieng, Chief Magistrate, at Nairobi on 15th May 2025.

Key legal issues

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01

Whether the applicant qualifies for joinder as an interested party

Holding

Joinder allowed because the applicant is in possession of the suit premises having taken over from the defendant who sub-let, and would be affected by the relief sought by the plaintifi

Reasoning

Applying Order 1 Rule 10(2) and the Muruatetu, Meme and Kenya Medical Laboratory Technicians tests, the court found the applicant has a recognizable stake: the defendant's defence admits sub-letting to him, and the plaintifi seeks eviction and injunction orders that would directly affect his occupation. His presence is necessary for complete adjudication of all questions in the suit.

p. 3
02

Whether an interim injunction could issue to a would-be interested party

Holding

Refused; an injunction cannot be granted where it is not pegged on any claim against the parties

Reasoning

The court held that having sought joinder only as an interested party, the applicant had no independent claim before the court against the plaintifi or defendant on which an injunctive order could be anchored. The protective relief in prayer 2 was therefore not sustainable at that stage of the proceedings.

p. 3

Legal principles established

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  • An interested party is one who has a stake in the proceedings though not a party ab initio, and who will be affected by the decision of the court either way
  • A person may be joined in a suit when their presence is necessary to enable the court effectually and completely adjudicate upon all questions in the suit

Court orders

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  1. 1.Geofirey Ngugi Githua enjoined as an Interested Party in the suit (prayer 1 of the application dated 25th October 2024)
  2. 2.Costs of the application to be in the cause
Jurisdiction invoked
Order 1 Rule 10(2) 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, "St John Everlasting Gospel Churd Registered Trustees v Okeyo; Githua (Intended Interested Party) (Civil Suit E1249 of 2022) [2025] KEMC 171 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/kemc/2025/171/eng@2025-05-15

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