[2019] KEELC 3284 (KLR)
The court found that the applicants, as legal representatives of the estate of Kiptoo Chepngok, demonstrated a sufficient and direct interest in the suit property, specifically in relation to the 89.4 acres claimed. Their joinder was necessary to ensure that their late father.s interest is considered in the final...
Source-derived case information.
- Citation
- [2019] KEELC 3284 (KLR)
- Parties
- Plaintiff: Joseph Kibungei Kugun; Defendant: Gilbert Kipkoech Sum; Defendant: Thomas Cheruiyot Maiyo (Suing as a Legal Representative of the Estate of Kimaiyo Arap Keino); Interested Party: John Cheruiyot Sum; Interested Party: Kenneth Sang; Interested Party: Sarah Job Saina; Interested Party: Julius Limo; Proposed Interested Party: Paulina Jeptepkeny Chepngok (Suing as Legal Representative of the Estate of Chepngok); Proposed Interested Party: Samuel Kipsaina Too (Suing as Legal Representative of the Estate of Chepngok); Proposed Interested Party: Joshua Kipkemboi Tuwei (Suing as Legal Representative of the Estate of Chepngok)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 233 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Joinder of Interested Parties
- Outcome
- application allowed
- Judges
- A Ombwayo
- Legal Topics
- Joinder of Parties, Estate Administration, Interest in Land, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Joseph Kibungei Kugun
Plaintiff
Gilbert Kipkoech Sum
Defendant
Thomas Cheruiyot Maiyo (Suing as a Legal Representative of the Estate of Kimaiyo Arap Keino)
Defendant
John Cheruiyot Sum
Interested Party
Kenneth Sang
Interested Party
Sarah Job Saina
Interested Party
Julius Limo
Interested Party
Paulina Jeptepkeny Chepngok (Suing as Legal Representative of the Estate of Chepngok)
Proposed Interested Party
Samuel Kipsaina Too (Suing as Legal Representative of the Estate of Chepngok)
Proposed Interested Party
Joshua Kipkemboi Tuwei (Suing as Legal Representative of the Estate of Chepngok)
Proposed Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Application for Joinder of Interested Parties
Legal Issues
- 1 Whether the proposed interested parties should be enjoined in the suit as legal representatives of the estate of Kiptoo Chepngok.
- 2 Whether the proposed interested parties have demonstrated sufficient interest in the suit property to warrant their participation.
- 3 Whether the joinder of the proposed interested parties is necessary for the effectual and complete adjudication of the issues before the court.
Ratio Decidendi
The court found that the applicants, as legal representatives of the estate of Kiptoo Chepngok, demonstrated a sufficient and direct interest in the suit property, specifically in relation to the 89.4 acres claimed. Their joinder was necessary to ensure that their late father.s interest is considered in the final judgment, and to afford them an opportunity to be heard in accordance with the principles of natural justice. The court held that technical objections should not override substantive justice, and allowed the application for joinder, limiting the applicants. participation to issues concerning their father.s interest in the suit property.
Court Disposition
application allowed
Orders
- The applicants are enjoined as 7th, 8th, and 9th interested parties.
- The newly enjoined interested parties to file a detailed affidavit within 1 day showing their interest.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT ELDORET
E & L CASE NO. 233 OF 2012
JOSEPH KIBUNGEI KUGUN......................................................................PLAINTIFF
VERSUS
GILBERT KIPKOECH SUM..............................................................1ST DEFENDANT
THOMAS CHERUIYOT MAIYO
(Suing as a Legal Representative of the Estate of
KIMAIYO ARAP KEINO)..................................................................2ND DEFENDANT
AND
JOHN CHERUIYOT SUM......................................................1ST INTERESTED PARTY
KENNETH SANG...................................................................2ND INTERESTED PARTY
SARAH JOB SAINA...............................................................3RD INTERESTED PARTY
JULIUS LIMO.........................................................................4TH INTERESTED PARTY
AND
PAULINA JEPTEPKENY CHEPNGOK........1ST PROPOSED INTERESTED PARTY
SAMUEL KIPSAINA TOO.............................2ND PROPOSED INTERESTED PARTY
JOSHUA KIPKEMBOI TUWEI.....................3RD PROPOSED INTERESTED PARTY
(All suing as the Legal Representatives of the Estate of CHEPNGOK)
RULING
Paulina Jeptepkeny Chepngok, Samwel Kipsaina Too and Joshua Kipkemboi Tuwei of P. O. Box 2729 – 30100, Eldoret were vested with letters of administration ad litem of the estate of Kiptoo Chepngok who died domiciled in the Republic of Kenya on 26. 7.1978. The said persons have come to court vide a notice of motion dated 7. 3.2019 praying that they be enjoined in the suit, tender evidence and participate in the proceedings. The intended interested parties’ interest is that the late Kiptoo Chepngok rights in the suit property is 89. 4 acres on which parcel the intended interested parties reside have been tilling and have built structures. Mr. Sego for the plaintiff has filed grounds of opposition which largely deal on technicalities save grounds number 4 and five which deal on facts.
I have considered the grounds and do find that it is in the interest of justice that the applicants be afforded an opportunity to be heard limited to their father’s interest on the suit property to enable their father’s interest to be considered in the judgment. The application is allowed, the applicants are enjoined as 7th, 8th and 9th interested parties. The 7th, 8th and 9th interested parties to file a detailed affidavit within I day, showing their interest. The other parties to respond to the said affidavits within 2 days.
Dated and delivered at Eldoret this 30th day of April, 2019.
A. OMBWAYO
JUDGE