[2025] KEELC 1334 (KLR)
The court found that although the plaint did not contain specific claims of fraud or misrepresentation against the 5th defendant, the fact that final orders are sought against her renders her a necessary party to the proceedings. The court emphasized that the presence of the 5th defendant is required for the...
Source-derived case information.
- Citation
- [2025] KEELC 1334 (KLR)
- Parties
- Plaintiff: Daniel Morgan Beck; Plaintiff: Window Screening Limited; Defendant: James Christopher Passin; Defendant: Robert Kabata Kibuchi; Defendant: Stephen Paul Morris; Defendant: Dark Aspen International Company Limited; Defendant: The Chief Registrar, Laikipia Land Registry
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nanyuki
- Jurisdiction
- Kenya
- Case Number
- Land Case E009 of 2024
- Procedural Posture
- Land Case / Ruling on Application to Strike Out Suit Against 5th Defendant
- Outcome
- application dismissed
- Judges
- LN Mbugua
- Legal Topics
- Joinder of Parties, Land Registration, Fraud in Land Transactions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Morgan Beck
Plaintiff
Window Screening Limited
Plaintiff
James Christopher Passin
Defendant
Robert Kabata Kibuchi
Defendant
Stephen Paul Morris
Defendant
Dark Aspen International Company Limited
Defendant
The Chief Registrar, Laikipia Land Registry
Defendant
Procedural Posture
Land Case / Ruling on Application to Strike Out Suit Against 5th Defendant
Legal Issues
- 1 Whether the 5th defendant should be struck out from the suit for lack of specific allegations of fraud or misrepresentation against her.
- 2 Whether the presence of the 5th defendant is necessary for the effectual and complete adjudication of the dispute.
Ratio Decidendi
The court found that although the plaint did not contain specific claims of fraud or misrepresentation against the 5th defendant, the fact that final orders are sought against her renders her a necessary party to the proceedings. The court emphasized that the presence of the 5th defendant is required for the effectual and complete adjudication of the dispute, particularly as her mandate relates to the registration of land. Consequently, the application to strike out the suit against the 5th defendant was dismissed as unmerited.
Court Disposition
application dismissed
Orders
- The 5th defendant's application to strike out the suit against her is dismissed.
- No orders as to costs.
Full Case Text
Judgment text and source record
30 paragraphs
Beck & another v Passin & 4 others (Land Case E009 of 2024) [2025] KEELC 1334 (KLR) (19 March 2025) (Ruling)
Neutral citation: [2025] KEELC 1334 (KLR)
Republic of Kenya
In the Environment and Land Court at Nanyuki
Land Case E009 of 2024
LN Mbugua, J
March 19, 2025
Between
Daniel Morgan Beck
1st Plaintiff
Window Screening Limited
2nd Plaintiff
and
James Christopher Passin
1st Defendant
Robert Kabata Kibuchi
2nd Defendant
Stephen Paul Morris
3rd Defendant
Dark Aspen International Company Limited
4th Defendant
The Chief Registrar, Laikipia Land Registry
5th Defendant
Ruling
1. Before me is the 5th defendants’ (The Land Registrar Laikipia) application dated 7. 8.2024 seeking orders to strike out the suit as against her. The application is premised on the grounds set out on the face of the application and on the supporting affidavit of Pamela Mutegi, the Land Registrar Laikipia. She avers that plaintiff’s claim as set out at paragraph 7-19 of the plaint is that he was defrauded of his property through misrepresentation made by the 1st, 2nd and 3rd defendants, adding that the 5th defendant was not a party to the said misrepresentation. Thus the suit against the applicant lacks merits.
2. In opposition thereof, the plaintiffs filed grounds of opposition and a replying affidavit dated 8. 10. 2024 contending that the affidavit in support of the application was not sworn before a commissioner of oaths hence, the application is defective. They also aver that fraud has been imputed as against all the defendants whereby the 5th defendant was instrumental in the registration of the suit property hence her presence in these proceedings is indispensable.
3. On 5. 11. 2024, the court gave directions for the parties to file and serve submissions on the application, but only the applicant complied with the said directions.
4. I have considered the arguments proffered herein including the submissions of the applicant. It is trite law that issues for determination in a suit generally flow from the pleadings, See Galaxy Paints Company Ltd v Falcon Guards Ltd (2000) Eklr. A perusal of the plaint does not reveal any claims of fraud or misrepresentation against the 5th defendant. However, in so far as there are orders sought against the said 5th defendant in the final prayers, then the said party becomes a necessary party even if their mandate only relates to registration of land.
5. To this end, I find that the application is not merited, the same is hereby dismissed with no orders as to costs. Parties are hereby encouraged to focus on the main trial so as to have a speedy dispensation of the substantive issues in dispute.
DATED, SIGNED AND DELIVERED AT NANYUKI THIS 19TH DAY OF MARCH 2025 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:Wacuka holding brief for Hillary Wamunyoro for PlaintiffsM/S Mitui holding brief for M/S Ngui for 1st – 4th DefendantsNyambura holding brief for Mumbi Kiarie for 5th Respondent Defendant