[2018] KEELC 4401 (KLR)
The court found that Ngucanirio Farmers Company Limited does not exist as a registered company, and therefore, the judgment previously entered against it cannot be enforced against individuals occupying the suit land who were not parties to the original suit. The court relied on the Registrar of Companies'...
Source-derived case information.
- Citation
- [2018] KEELC 4401 (KLR)
- Parties
- Plaintiff: Daniel Nyaga Kamande; Plaintiff: Charles Kamau Wanguhu; Plaintiff: Jane Wangari Kibe; Defendant: Ngucanirio Farmers Company; Interested Party: Joseph Wachira Wanene; Interested Party: Joseph Maina Kingori; Interested Party: Peter Kinuthia; Interested Party: Joseph Kingari
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 82 of 2013
- Procedural Posture
- Land and Property Suit / Post Judgment Directions Following Attempted Execution
- Outcome
- Judgment cannot be enforced against the interested parties or individuals occupying the land; no orders as to costs.
- Legal Topics
- Company Existence, Enforcement of Judgments, Joinder of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Nyaga Kamande
Plaintiff
Charles Kamau Wanguhu
Plaintiff
Jane Wangari Kibe
Plaintiff
Ngucanirio Farmers Company
Defendant
Joseph Wachira Wanene
Interested Party
Joseph Maina Kingori
Interested Party
Peter Kinuthia
Interested Party
Joseph Kingari
Interested Party
Procedural Posture
Land and Property Suit / Post Judgment Directions Following Attempted Execution
Legal Issues
- 1 Whether Ngucanirio Farmers Company Limited exists as a legal entity capable of being sued or having judgment enforced against it.
- 2 Whether the judgment obtained against Ngucanirio Farmers Company Limited can be enforced against individuals occupying the suit land.
- 3 Whether interested parties not named in the original suit can be subjected to the judgment.
Ratio Decidendi
The court found that Ngucanirio Farmers Company Limited does not exist as a registered company, and therefore, the judgment previously entered against it cannot be enforced against individuals occupying the suit land who were not parties to the original suit. The court relied on the Registrar of Companies' confirmation that no such company exists, and on the prior ruling by Odunga J, which set aside the judgment as it pertained to the interested parties. The court concluded that the plaintiffs cannot execute the judgment against the individuals currently on the land, as the judgment was not obtained against them, and they are not members of the non-existent defendant. The plaintiffs were...
Court Disposition
Judgment cannot be enforced against the interested parties or individuals occupying the land; no orders as to costs.
Orders
- The judgment cannot be executed against the individuals occupying the suit land.
- No orders as to costs incurred over these directions.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
ELC NO.82 OF 2013
DANIEL NYAGA KAMANDE...........................1ST PLAINTIFF
CHARLES KAMAU WANGUHU....................2ND PLAINTIFF
JANE WANGARI KIBE……………….…......3RD PLAINTIFF
VERSUS
NGUCANIRIO FARMERS COMPANY ..….…...DEFENDANT
AND
JOSEPH WACHIRA WANENE ….….INTERESTED PARTY
JOSEPH MAINA KINGORI ……..…INTERESTED PARTY
DIRECTIONS
1. This case was heard and judgment delivered on 22 October 2004 by Ojwang’ J ( as he then was). Judgment was entered for the plaintiff against the named defendant, Ngucanirio Farmers Company Limited. When the plaintiff moved to execute the judgment, in the form of eviction of the persons on the suit land, thought to comprise of members of the defendant, various persons filed applications to be enjoined in this case, claiming that they ought not to be affected by the judgment, since Ngucanirio Farmers Company Limited does not exist and that the judgment is fraudulent.
2. I felt the need to satisfy myself as to whether or not, there is a company registered as Ngucanirio Farmers Company limited, and summoned the Registrar of companies who sent a representative. The information provided by the Registrar of Companies, is that there is no limited liability company, or indeed any incorporated company, bearing the name Ngucanirio Farmers Company Limited. What exists is a business name registered as Ngucanirio company, with 6 persons as proprietors. I was satisfied that Ngucanirio Farmers Company Limited does not exist.
3. I have seen a ruling in this matter, delivered by Odunga J, on 3 July 2012, pursuant to an application filed by one of the interested parties, seeking to stop enforcement of the judgment against them. In his ruling, Odunga J, “set aside the judgment and consequential orders emanating therefrom in so far as the same affect the interested parties...”
4. The import of the above ruling, is that it will be extremely difficult, if not impossible, for the plaintiff to execute the judgment against the individuals occupying the suit land, as the judgment was not obtained against them, but against a non-existent entity. Indeed, I do hold that this judgment cannot be enforced upon them as they are not members of Ngucanirio Farmers Company Limited.
5. I think the plaintiff may need to consider filing a fresh suit, against the persons occupying the ground, if he feels that he has any claim against them. As I have directed, this judgment cannot be executed against them.
6. I make no orders as to any costs incurred over these directions.
7. It is so ordered.
Dated, signed and delivered in open court at Nakuru this 28th day of February 2018.
JUSTICE MUNYAO SILA
ENVIRONMENT & LAND COURT AT NAKURU
In the presence of:
Mr. Muthee holding brief on the part of M/s Nyachiro & Co. for the plaintiff.
Mr. Mboya for defendant and 6th Interested Party.
Peter Kinuthia - 8th interested Party
Joseph Kingari- 10th Interested Party
Other parties and Counsel - Absent
JUSTICE MUNYAO SILA
ENVIRONMENT & LAND COURT AT NAKURU