[2019] KEELC 175 (KLR)
The court found that the administrators of the estate of the late Samuel Kiniaru Gitau had demonstrated a legitimate interest in the suit land, as they were unaware of the proceedings and only discovered the existence of the suit after a search at the lands office. The court held that it has the discretion to join...
Source-derived case information.
- Citation
- [2019] KEELC 175 (KLR)
- Parties
- Appellant: Margaret Waithira Njari; Respondent: John Njari Kagunyi; Applicant: Lucy Wanjiku Kiniaru; Applicant: Stephen Gitau Kiniaru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 52 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Application for Joinder of Interested Parties
- Outcome
- application for joinder of interested parties allowed
- Legal Topics
- Joinder of Parties, Estate Administration, Land Registration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Waithira Njari
Appellant
John Njari Kagunyi
Respondent
Lucy Wanjiku Kiniaru
Applicant
Stephen Gitau Kiniaru
Applicant
Procedural Posture
Civil Appeal / Ruling on Application for Joinder of Interested Parties
Legal Issues
- 1 Whether the administrators of the estate of the late Samuel Kiniaru Gitau should be joined as interested parties in the appeal.
- 2 Whether the court has jurisdiction to add parties at the appellate stage.
Ratio Decidendi
The court found that the administrators of the estate of the late Samuel Kiniaru Gitau had demonstrated a legitimate interest in the suit land, as they were unaware of the proceedings and only discovered the existence of the suit after a search at the lands office. The court held that it has the discretion to join parties at any stage of the proceedings, including on appeal, where their participation is necessary for the just determination of the issues. The application for joinder was therefore merited and allowed.
Court Disposition
application for joinder of interested parties allowed
Orders
- The application dated 17/4/2019 for joinder of Lucy Wanjiku Kiniaru and Stephen Gitau Kiniaru as interested parties is allowed.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI ELC APPEAL NO. 52 OF 2017
MARGARET WAITHIRA NJARI.......................APPELLANT
VERSUS
JOHN NJARI KAGUNYI....................................RESPONDENT
AND
LUCY WANJIKU KINIARU..........INTENDED INTERESTED PARTY
STEPHEN GITAU KINIARU..........INTENDED INTERESTED PARTY
RULING
Lucy Wanjiku Kiniaru and Stephen Gitau Kiniaru, who are the administrators of the estate of the late Samuel Kiniaru Gitau seek to be joined as interested parties in the appeal. The parcels of land known as Githunguri/Githunguri/3576 and 3577 are registered in the name of Simon Kiniaru Gitau. The administrators of his estate claim that they were not aware of these proceedings and that they learnt of the suit when they did a search in the lands office and discovered that a court order had been registered against the two parcels of land. The late Samuel Kiniaru Gitau was not a party to the suit or the appeal.
The administrators of the estate of the late Samuel Kiniaru Gitau wish to join the appeal so that they can ventilate their interest in the suit land. They relied on a case of the Attorney General v Kenya Bureau of Standards and another [2018] eKLR in urging that the court can add a party to proceedings at any stage of the suit including the appellate stage.
The court is satisfied that the application has merit and allows the application dated 17/4/2019. Costs shall be in the cause.
Dated and delivered at Nairobi this 13th day of December 2019
K.BOR
JUDGE
In the presence of:-
K.Ronoh holding brief for Ngigi Njuguna for the Appellant
No appearance for the Respondent
Mr. P. Obado holding brief for D. Gwaro for the Intended Interested Parties
Mr. V. Owuor- Court Assistant