[2022] KEELC 14984 (KLR)
The court found that the applicants, as wives of the 6th defendant who allege lack of spousal consent to transactions involving the suit land, are necessary parties for the complete and effectual adjudication of the dispute. The court exercised its discretion under Order 1 Rule 10(2) of the Civil Procedure Rules to...
Source-derived case information.
- Citation
- [2022] KEELC 14984 (KLR)
- Parties
- Plaintiff: Kangor Yatich Kipkorir; Plaintiff: Lengong Kipyator; Defendant: Walter Tanui; Defendant: Wesley Kiptanui; Defendant: Tom Kiptanui; Defendant: Kenneth Kiptanui; Defendant: Kevin Kiptanui; Defendant: Edward Cherutich Kiptanui
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E047 of 2022
- Procedural Posture
- Environment and Land Case / Ruling on Application for Joinder of Parties
- Outcome
- Application for joinder allowed; applicants to be joined as 7th, 8th, and 9th defendants.
- Judges
- FM Njoroge
- Legal Topics
- Joinder of Parties, Spousal Consent, Necessary Parties, Amendment of Pleadings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kangor Yatich Kipkorir
Plaintiff
Lengong Kipyator
Plaintiff
Walter Tanui
Defendant
Wesley Kiptanui
Defendant
Tom Kiptanui
Defendant
Kenneth Kiptanui
Defendant
Kevin Kiptanui
Defendant
Edward Cherutich Kiptanui
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application for Joinder of Parties
Legal Issues
- 1 Whether the applicants should be joined as defendants in the suit.
- 2 Whether the absence of spousal consent affects the proceedings regarding the suit land.
Ratio Decidendi
The court found that the applicants, as wives of the 6th defendant who allege lack of spousal consent to transactions involving the suit land, are necessary parties for the complete and effectual adjudication of the dispute. The court exercised its discretion under Order 1 Rule 10(2) of the Civil Procedure Rules to join them as defendants, holding that their presence would enable the court to resolve all issues arising from the suit with finality. The court also noted that procedural objections regarding the authority to swear affidavits did not outweigh the substantive need for their joinder.
Court Disposition
Application for joinder allowed; applicants to be joined as 7th, 8th, and 9th defendants.
Orders
- The applicants are joined as the 7th, 8th, and 9th defendants in the suit.
- The plaintiffs shall amend their plaint within 14 days to reflect the joinder.
Full Case Text
Judgment text and source record
30 paragraphs
Kipkorir & another (Suing for and on behalf of G3 Self-Help Group) v Tanui & 5 others (Environment & Land Case E047 of 2022) [2022] KEELC 14984 (KLR) (25 November 2022) (Ruling)
Neutral citation: [2022] KEELC 14984 (KLR)
Republic of Kenya
In the Environment and Land Court at Nakuru
Environment & Land Case E047 of 2022
FM Njoroge, J
November 25, 2022
Between
Kangor Yatich Kipkorir
1st Plaintiff
Lengong Kipyator
2nd Plaintiff
Suing for and on behalf of G3 Self-Help Group
and
Walter Tanui
1st Defendant
Wesley Kiptanui
2nd Defendant
Tom Kiptanui
3rd Defendant
Kenneth Kiptanui
4th Defendant
Kevin Kiptanui
5th Defendant
Edward Cherutich Kiptanui
6th Defendant
Ruling
1. The applicants were not joined as parties to the present suit at inception and they applied to be joined either as interested parties or as defendants in their application to this court dated October 18, 2022 in these proceedings. Though the supporting affidavit speaks of many applicants a perusal of the annextures reveals no authority of the other two persons to enable the deponent swear the affidavit on their behalf and the issue has been raised by the plaintiffs’ replying affidavit. However, in this court’s view, order 1 rule 10(2) enables the court to order joinder of any party to the suit as long as in its view they are necessary parties whose presence would enable the adjudication of all the issues arising from the suit with finality. I have noted that in support of their application, it has been averred that the three applicants are the wives of the 6th defendant and they aver that they never gave any spousal consent to any transaction involving the suit land.
2. Upon perusing the application and the responses as well as the submissions of the parties, I find that it is necessary to join the applicants as defendants in this suit and I hereby order that they be joined as the 7th 8th and 9th defendants respectively in the order in which they are listed in the application for joinder. Their application is therefore successful. I order that the plaintiffs shall amend their plaint within 14 days hereof to join the three applicants as defendants and describe them as such. The costs of the application shall be in the cause. The suit shall be mentioned on December 7, 2022 for further directions as to the hearing of the motion dated August 18, 2022. Deputy Registrar to notify the parties.
DATED, SIGNED AND DELIVERED AT NAKURU VIA ELECTRONIC MAIL ON THIS 25TH DAY OF NOVEMBER, 2022. MWANGI NJOROGEJUDGE, ELC, NAKURU