[2023] KEELC 20048 (KLR)
The court found that although Embakasi Ranching Co. Ltd currently has no stake in the suit property, both the plaintiff and defendant trace their rights and interests in the property from the company. Therefore, Embakasi Ranching Co. Ltd is a necessary party whose presence will assist the court in resolving the...
Source-derived case information.
- Citation
- [2023] KEELC 20048 (KLR)
- Parties
- Plaintiff: Domitila Mumbua Kilonzo; Defendant: John Kamau Kiige; Interested Party: Embakasi Ranching Co. Ltd
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E285 of 2022
- Procedural Posture
- Notice of Motion / Ruling on Joinder Application
- Outcome
- application allowed
- Judges
- LN Mbugua
- Legal Topics
- Joinder of Parties, Necessary Parties, Land Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Domitila Mumbua Kilonzo
Plaintiff
John Kamau Kiige
Defendant
Embakasi Ranching Co. Ltd
Interested Party
Procedural Posture
Notice of Motion / Ruling on Joinder Application
Legal Issues
- 1 Whether Embakasi Ranching Co. Ltd should be joined as an interested party to the proceedings.
- 2 Whether the presence of Embakasi Ranching Co. Ltd is necessary for the effective adjudication of the dispute regarding ownership of the suit property.
Ratio Decidendi
The court found that although Embakasi Ranching Co. Ltd currently has no stake in the suit property, both the plaintiff and defendant trace their rights and interests in the property from the company. Therefore, Embakasi Ranching Co. Ltd is a necessary party whose presence will assist the court in resolving the dispute over the identity and ownership of the suit property. The court exercised its discretion under Order 1 Rule 10 of the Civil Procedure Rules to allow the joinder, ensuring that all parties with a material interest in the subject matter are before the court for a comprehensive and just determination of the issues.
Court Disposition
application allowed
Orders
- Embakasi Ranching Co. Ltd is joined as an interested party to the proceedings.
- Parties are directed to amend their pleadings to include the new party.
Full Case Text
Judgment text and source record
24 paragraphs
Kilonzo v Kiige; Embakasi Ranching Co. Ltd (Interested Party) (Environment & Land Case E285 of 2022) [2023] KEELC 20048 (KLR) (21 September 2023) (Ruling)
Neutral citation: [2023] KEELC 20048 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case E285 of 2022
LN Mbugua, J
September 21, 2023
Between
Domitila Mumbua Kilonzo
Plaintiff
and
John Kamau Kiige
Defendant
and
Embakasi Ranching Co. Ltd
Interested Party
Ruling
1. Before me is a notice of motion application dated 15. 5.2023 in which the defendnat prays that EmbakasI Ranching Co. Ltd be joined in these proceedings as an Interested Party. He avers that the proposed Interested Party is the original owner of parcel Nairobi /Block 105/7986 and is the entity which is better placed to assist this court determine as to whether plot No. F-275B claimed by the defendant is the same plot as P2255 B claimed by the plaintiff.
2. The defendant avers that as per the pleadings, both the plaintiff and defendant claim to have purchased their plots form Embakasi Ranching.
3. The plaintiff has opposed the suit via a replying affidavit dated 25. 5.2023. She avers that Embakasi Ranching Co are the ones who transferred the suit property to her of which she was issued with a title. Thus Embakasi Ranching Co. are functus official in the matter.
4. I have considered all the arguments raised herein including the rival submissions. The provision of Order 1 Rule 10 of the Civil Procedure Rules permits joinder of parties whose presence is necessary for adjudication of the suit. See Moses Wachira v. Niels Bruel & 2 Others [2015] eKLR, Trusted Society of Human Rights Alliance v. Mumo Matemo & 5 others [2014] eKLR.
5. The Embakasi Ranching Co. certainly has no stake in the suit property. However, the protagonists trace their rights and interests in the suit property from the proposed Interested Party. In the circumstances, I find that the said proposed interested party is a necessary party to assist the court in unravelling the dispute at hand.
6. The application dated 15. 5.2023 is hence allowed but cost there of shall abide the outcome of the suit. The parties are directed to amend their pleadings accordingly to include the new party.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 21st DAY OF SEPTEMBER, 2023 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGE