[2016] KEHC 3817 (KLR)
The court found that the estate of Kiplenge Chesang, represented by the applicant as administrator, has a direct and substantial interest in the proceedings because the disputed parcel, Kampi Ya Moto Block 1/67, is registered in the name of the deceased. Excluding the estate from the proceedings could result in...
Source-derived case information.
- Citation
- [2016] KEHC 3817 (KLR)
- Parties
- Plaintiff: Morop Company Ltd; Defendant: The Committee Kampi Ya Moto Primary School; Interested Party: Laiton Chesang (Administrator of the Estate of Kiplenge Chesang, deceased)
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 47 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Joinder as Interested Party
- Outcome
- application for joinder as interested party allowed
- Judges
- MA Silau
- Legal Topics
- Joinder of Parties, Estate Administration, Land Ownership Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Morop Company Ltd
Plaintiff
The Committee Kampi Ya Moto Primary School
Defendant
Laiton Chesang (Administrator of the Estate of Kiplenge Chesang, deceased)
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Application for Joinder as Interested Party
Legal Issues
- 1 Whether the applicant, as administrator of the estate of Kiplenge Chesang, should be enjoined as an interested party to the proceedings.
- 2 Whether the estate of Kiplenge Chesang stands to be prejudiced if not enjoined in the suit involving land registered in the deceased's name.
Ratio Decidendi
The court found that the estate of Kiplenge Chesang, represented by the applicant as administrator, has a direct and substantial interest in the proceedings because the disputed parcel, Kampi Ya Moto Block 1/67, is registered in the name of the deceased. Excluding the estate from the proceedings could result in prejudice to its interests. Since no party opposed the application and the applicant demonstrated legal standing through the grant of letters of administration, the court exercised its discretion to allow the joinder, ensuring that all parties with a legitimate interest in the subject land are heard before any orders affecting the property are made.
Court Disposition
application for joinder as interested party allowed
Orders
- The applicant, Laiton Chesang as administrator of the estate of Kiplenge Chesang, is enjoined to these proceedings as interested party.
- No order as to costs.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
ELC NO. 47 OF 2012
MOROP COMPANY LTD..................................................PLAINTIFF
VERSUS
THE COMMITTEE KAMBI YA MOTO
PRIMARY SCHOOL.....................................................DEFENDANT
LAITON CHESANG – Administrator of the Estate
of Kiplenge Chesang ( deceased)..........INTERESTED PARTY
RULING
(Application to be enjoined as interested party; application allowed).
1. The application before me is that dated 5 December 2015. It is an application filed by Laiton Chesang who states that he is the administrator of the estate of Kiplenge Chesang (deceased) and he has filed this application seeking to be enjoined as interested party to this suit.
2. The plaintiff in this case has asserted ownership of the land described as Kampi Ya Moto/Kampi Ya Moto/ Block 1 (formerly L.R No. 8378/3) also known as Morop Farm which is land measuring about 1980 acres. It is averred that this land is held by the plaintiff on behalf of its members. It is claimed that in the year 2002, the defendant, the School Committee Kampi Ya Moto Primary School, unlawfully entered the Plot No. 67, which is a parcel measuring 20 acres, and said to be situated within the land Kampi Ya Moto/Kampi Ya Moto/Block 1. The plaintiff claims that this is trespass and in the suit, the plaintiff has inter alia sought orders of eviction against the defendant.
3. It appears as if the Plot No. 67 now has a title issued and identified as Kampi Ya Moto Block 1/67. That title is in the name of Kiplenge Chesang. In this application, it is averred that Kiplenge Chesang died on 12 November 1990 and a Certificate of Death is annexed. The applicant has annexed copies of a limited grant of letters of administration Ad Litem issued to him on 5 December 2013. It is his view that the estate of Kiplenge Chesang is an interested party and should be enjoined to these proceedings.
4. None of the other parties have opposed this application. On my part, I have no problem allowing the application. I can see that the litigation may very well be involving the land parcel Kampi Ya Moto Block 1/67 which is under the name of Kiplenge Chesang. The estate may be prejudiced if the matter proceeds without their input. I therefore allow the application and order the applicant to be enjoined to these proceedings as interested party. I make no orders as to costs.
5. It is so ordered.
Dated, signed and delivered in open court at Nakuru this 12th day of July, 2016.
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU
In presence of :
Mr. Magata holding brief for Mrs. Ndeda for applicant.
Ms. Alwala holding brief for Mr Olonyi for plaintiff.
N/A on part of State Law Office for defendant
Court Assistant : Janet
MUNYAO SILA
JUDGE
ENVIRONMENT & LAND COURT
AT NAKURU