[2019] KEELC 1583 (KLR)
The court found that the applicants' interests in the suit property, being based on an alleged trust, are already at the core of the issues to be determined in the main suit. The defendant, as the registered proprietor and alleged trustee, is capable of representing the interests of the applicants. The court held...
Source-derived case information.
- Citation
- [2019] KEELC 1583 (KLR)
- Parties
- Plaintiff: Loise Kanyakora Warui; Plaintiff: Jackline Wamwirua; Defendant: Gladys Njeri Muriuki; Applicant: Michael Murimi Muriuki; Applicant: Anne Syliviah Nyawira Muriuki; Applicant: Evangeline Muthoni Muriuki
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kerugoya
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 58 of 2016
- Procedural Posture
- Notice of Motion / Ruling on Application for Joinder as Interested Parties
- Outcome
- application dismissed
- Legal Topics
- Trusts in Land, Joinder of Parties, Beneficial Interest, Ancestral Land, Arbitration Awards
- 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
Loise Kanyakora Warui
Plaintiff
Jackline Wamwirua
Plaintiff
Gladys Njeri Muriuki
Defendant
Michael Murimi Muriuki
Applicant
Anne Syliviah Nyawira Muriuki
Applicant
Evangeline Muthoni Muriuki
Applicant
Procedural Posture
Notice of Motion / Ruling on Application for Joinder as Interested Parties
Legal Issues
- 1 Whether the applicants should be enjoined as interested parties in the suit concerning ancestral land held in trust.
- 2 Whether the defendant can adequately represent the interests of the applicants without their formal joinder.
- 3 Whether joinder of the applicants would serve any useful purpose or merely delay the proceedings.
Ratio Decidendi
The court found that the applicants' interests in the suit property, being based on an alleged trust, are already at the core of the issues to be determined in the main suit. The defendant, as the registered proprietor and alleged trustee, is capable of representing the interests of the applicants. The court held that enjoining the applicants as interested parties would not serve any useful purpose, as the issues they raise will be determined regardless of their formal participation. Further, their joinder would only serve to delay the final determination of the suit. The application for joinder was therefore dismissed as lacking merit.
Court Disposition
application dismissed
Orders
- The Notice of Motion dated 31st May 2019 is dismissed.
- Costs to be in the cause.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KERUGOYA
ELC CASE NO. 58 OF 2016
LOISE KANYAKORA WARUI.................................1ST PLAINTIFF
JACKLINE WAMWIRUA........................................2ND PLAINTIFF
VERSUS
GLADYS NJERI MURIUKI.........................................DEFENDANT
RULING
INTRODUCTION
The application before me is the Notice of Motion dated 31st May 2019 brought under Section 1A, 1B, 3A and 63 (e) CPA and Order 51 Rule 1 CPR. The applicants are seeking to be enjoined as interested parties in this suit. The applicants are named as Michael Murimi Muriuki, Anne Syliviah, Nyawira Muriuki and Evangeline Muthoni Muriuki. According to the applicant, the suit property registration Number MWERUA/KAGIONI/504 and later MWERUA/BARICHO/208 belonged to their late father Christopher Muriuki Warui which was later registered in the name of the defendant to hold in trust for them and who sub-divided the same for their benefit.
The applicants contend that they have beneficial interest in the suit land and that it is only fair if they are enjoined as interested parties so that they can protect their interest.
The said application is opposed by the plaintiffs who filed a replying affidavit and grounds of opposition sworn and dated 10th June 2019. In her replying affidavit, the 2nd plaintiff deposed that the parties in this case had agreed by consent to refer the matter for arbitration under Order 46 of the Civil Procedure Rules and that an award dated 12th July 2018 was filed in Court.
According to the plaintiffs, the defendant sold the family land leaving a portion of approximately 1½ acres. After the matter was referred for arbitration, all the parties presented their views and it was agreed that her mother Loise Kanyokora Warui (1st plaintiff) was to get one acre (1 acre) while the defendant was to get ½ acre. The respondent/plaintiff further contends that the application herein has been filed in bad faith with a deliberate intention to delay the finalization of this case.
I have considered the affidavit evidence both in support and in opposition to this application. I have also put into consideration the pleadings and the applicable law.
The plaintiffs have instituted this suit against the defendant seeking an order for determination of trust and registration of land parcel No. MWERUA/BARICHO/1408, 1412, 1413, 1416 and 1418 in the names of the plaintiffs. The above stated parcels of land are registered in the names of the defendant. The applicants are seeking to be enjoined as interested parties in this suit alleging that the defendant who is their mother was registered to hold the same in trust for them. The defendant who is the registered proprietor of the suit properties is capable of ventilating the issues being raised by applicants without them being enjoined as parties in this suit. The plaintiffs in their pleadings have stated that the suit property is an ancestral land which they are seeking an order to determine the existence of trust. It is the same issues which the applicants are seeking to be enjoined as interested parties for purposes of determining.
I find that it will not serve any useful purpose to enjoin the applicants when the issues will either way be determined with or without them being enjoined as parties. In any event, the defendant has denied the existence of any trust between her and the plaintiffs. It will therefore add no value to enjoin the applicants as interested parties to this suit but only prolong the determination of the suit.
CONCLUSION
In the final analysis, I find no merit in the Notice of Motion dated 31st May 2019. The same is hereby dismissed with costs to be in the cause.
READ, DELIVERED and SIGNED in open Court at Kerugoya this 20th day of September, 2019.
E.C. CHERONO
ELC JUDGE
20TH SEPTEMBER, 2019
In the presence of:
1. Mr. Maina Kagio for Plaintiffs
2. Defendant – present