[2024] KEELC 14080 (KLR)

[2024] KEELC 14080 (KLR)

The court held that joinder of parties post-judgment is not permissible where the suit has already been heard and determined and the applicants do not seek to alter the judgment. The applications for injunction and stay of execution were dismissed as there was already a status quo order from the Court of Appeal, and...

Source-derived case information.

Citation
[2024] KEELC 14080 (KLR)
Parties
Applicant: John Otieno Abade & 299 others; Respondent: Teresia Wairimu Karima; Respondent: Anne Wangare Kirima; Plaintiff: Stephen Maina Mwendwa & 5 others (officials of Manatuto Self Help Group); Defendant: Alice Njeri Kirima, Anne Wangari Kirima & James Njuguna Kirima (as administrators of the Estate of Gerishon Karmau Kirima); Defendant: John Gerishon Kirima; Plaintiff: Naridai Muoroto Self-Help Group (through its officials); Appellant: Bernado Viazo De Masi
Court
Environment and Land Court
Court Station
Environment and Land Court at Nairobi
Jurisdiction
Kenya
Case Number
Enviromental and Land Originating Summons 1257 of 2014
Procedural Posture
Environment and Land Originating Summons / Ruling on Post Judgment Applications for Joinder, Injunction, and Review
Outcome
Applications for joinder, injunction, and review dismissed; no order as to costs.
Judges
AA Omollo
Legal Topics
Joinder of Parties, Injunctions, Adverse Possession, Review of Judgment, Status Quo Orders
Source Language
en
Land and Property Civil Procedure Joinder of Parties Injunctions Adverse Possession Review of Judgment Status Quo Orders

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Parties

John Otieno Abade & 299 others

Applicant

Teresia Wairimu Karima

Respondent

Anne Wangare Kirima

Respondent

Stephen Maina Mwendwa & 5 others (officials of Manatuto Self Help Group)

Plaintiff

Alice Njeri Kirima, Anne Wangari Kirima & James Njuguna Kirima (as administrators of the Estate of Gerishon Karmau Kirima)

Defendant

John Gerishon Kirima

Defendant

Naridai Muoroto Self-Help Group (through its officials)

Plaintiff

Bernado Viazo De Masi

Appellant

Procedural Posture

Environment and Land Originating Summons / Ruling on Post Judgment Applications for Joinder, Injunction, and Review

Legal Issues

  1. 1 Whether the proposed interested parties should be joined to the suit post-judgment.
  2. 2 Whether the court should grant an injunction or stay of execution pending determination of the applications.
  3. 3 Whether the application for review and/or setting aside of the judgment meets the legal threshold.

Ratio Decidendi

The court held that joinder of parties post-judgment is not permissible where the suit has already been heard and determined and the applicants do not seek to alter the judgment. The applications for injunction and stay of execution were dismissed as there was already a status quo order from the Court of Appeal, and the applicants had not sought to set aside the decree or appealed the judgment. The application for review and joinder by Bernado Viazo De Masi was found premature, as the issue of ownership he raised is the subject of a new suit (ELC LC PET. NO E027 of 2023) and does not constitute grounds for reviewing the existing judgment. The court concluded it was functus officio and...

Court Disposition

Applications for joinder, injunction, and review dismissed; no order as to costs.

Orders

  • Applications dated 13/11/2023 and 9/4/2024 for joinder and injunction are dismissed with no order as to costs.
  • Application dated 31/10/2023 for joinder and review by Bernado Viazo De Masi is struck out; each party to bear own costs.