[2015] KEELC 302 (KLR)
The court found that the Transition Authority was improperly enjoined as a defendant because its statutory mandate does not extend to the oversight of private property matters, which is the subject of the dispute in this case. The plaintiff conceded to the application, and there was no opposition to the removal of...
Source-derived case information.
- Citation
- [2015] KEELC 302 (KLR)
- Parties
- Plaintiff: James Gichure Kionga; Defendant: Patrick Njogu Michanjo; Defendant: Transition Authority (sued on behalf of Naivasha Municipal)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 428 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Application to Strike Out Party
- Outcome
- Application to strike out Transition Authority as a party allowed; Transition Authority struck out; costs to plaintiff; substitution to be by formal application.
- Judges
- MA Silau
- Legal Topics
- Joinder and Misjoinder of Parties, Striking Out Parties, Land Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Gichure Kionga
Plaintiff
Patrick Njogu Michanjo
Defendant
Transition Authority (sued on behalf of Naivasha Municipal)
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application to Strike Out Party
Legal Issues
- 1 Whether the Transition Authority was properly enjoined as a defendant in the suit.
- 2 Whether the Transition Authority should be struck out as a party to the proceedings.
Ratio Decidendi
The court found that the Transition Authority was improperly enjoined as a defendant because its statutory mandate does not extend to the oversight of private property matters, which is the subject of the dispute in this case. The plaintiff conceded to the application, and there was no opposition to the removal of the Transition Authority from the proceedings. The court, therefore, allowed the application to strike out the Transition Authority as a party to the suit and ordered the plaintiff to bear the costs of the application. The court further directed that any substitution of parties should be made through a formal application.
Court Disposition
Application to strike out Transition Authority as a party allowed; Transition Authority struck out; costs to plaintiff; substitution to be by formal application.
Orders
- The Transition Authority is struck out as a party to this suit.
- The plaintiff shall bear the costs of the application.
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 428 OF 2013
JAMES GICHURE KIONGA…………………..…..PLAITNIFF
VERSUS
PATRICK NJOGU MICHANJO……..……1ST DEFENDANT
TRANSITION AUTHORITY(Sued on behalf of
NAIVASHA MUNICIPAL) …………………..2ND DEFENDANT
RULING
(Application to strike out a party to suit; application not opposed; application allowed)
1. The suit herein was commenced on 18 June 2013. The case of the plaintiff is that on 14 August 1986, he purchased a residential plot No. 681 Site & Service Scheme, Kabati in Naivasha, from one Joseph Kagotho Kenja and that the transfer was effected at the offices of the Naivasha Municipal Council on 9 November 1995. It is pleaded that in February 2011, the plaintiff discovered that the plot had been transferred to the 1st defendant by the Naivasha Municipal Council on 1 August 2001. In this suit, the plaintiff has sought a declaration that the suit land belongs to him, and that the transfer by the Naivasha Municipal Council to the 1st defendant, be nullified.
2. The named defendants are Patrick Njogu Michango and the Transition Authority, which is said to be sued on behalf of the Naivasha Municipal Council.
3. The Transition Authority entered appearance through the law firm of M/s Garane & Company Advocates. Through an application dated 18 July 2014, the said firm filed an application to have the Transition Authority struck out of this suit. The reason given is that they were improperly enjoined as defendants, since their mandate does not cover overseeing of private property.
4. When the application came up for inter partes hearing, counsel for the plaintiff conceded to the application and applied that in place thereof, the County Government of Nakuru be substituted for the Transition Authority.
5. There being a concession on the part of the plaintiff that the Transition Authority was improperly enjoined, and the plaintiff not being averse to the Transition Authority being struck out of the suit, I have no reason to disallow the application. I allow the same, and order the Transition Authority to be struck out of this suit. The plaintiff shall bear the costs thereof.
6. As to the proposed substitution, I direct that a formal application be filed.
It is so ordered.
Dated, signed and delivered in open court at Nakuru this 2nd day of July 2015.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU
In presence of : -
Mr Wekhomba holding brief for Mr. Hassan for 2nd defendant/applicant
Ms Njagua present for plaintiff respondent.
Janet : Court Assistant
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU