[2024] KEELC 13224 (KLR)
The court found that Sarah Wanjiru demonstrated a purchaser's interest in the suit property by virtue of her agreement and payments to the 1st and 2nd defendants. Applying the established legal principles for joinder, the court determined that her presence was necessary and proper for the effective and complete...
Source-derived case information.
- Citation
- [2024] KEELC 13224 (KLR)
- Parties
- Plaintiff: Reuben Tinga Nyale; Plaintiff: Joseph Nyale Mwango; Plaintiff: Kassim Mwango Nyale; Plaintiff: Edward Kazungu Nyale; Defendant: Kiti Nyale Mwango; Defendant: Khamis Nyale Mwango; Defendant: Josephat Muchere Marete; Defendant: Land Registrar Kilifi; Defendant: Attorney General Malindi; Applicant: Sarah Wanjiru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Enviromental and Land Originating Summons 47 of 2023
- Procedural Posture
- Originating Summons / Ruling on Application for Joinder of Interested Party
- Outcome
- Application for joinder of interested party allowed.
- Judges
- EK Makori
- Legal Topics
- Joinder of Parties, Purchaser Interest, Suit Property, Necessary Party, Proper Party
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reuben Tinga Nyale
Plaintiff
Joseph Nyale Mwango
Plaintiff
Kassim Mwango Nyale
Plaintiff
Edward Kazungu Nyale
Plaintiff
Kiti Nyale Mwango
Defendant
Khamis Nyale Mwango
Defendant
Josephat Muchere Marete
Defendant
Land Registrar Kilifi
Defendant
Attorney General Malindi
Defendant
Sarah Wanjiru
Applicant
Procedural Posture
Originating Summons / Ruling on Application for Joinder of Interested Party
Legal Issues
- 1 Whether Sarah Wanjiru should be joined as an interested party in the proceedings.
- 2 Who should bear the costs of the application for joinder.
Ratio Decidendi
The court found that Sarah Wanjiru demonstrated a purchaser's interest in the suit property by virtue of her agreement and payments to the 1st and 2nd defendants. Applying the established legal principles for joinder, the court determined that her presence was necessary and proper for the effective and complete adjudication of all questions involved in the suit. The court therefore allowed the application for her joinder as an interested party. No order was made as to costs.
Court Disposition
Application for joinder of interested party allowed.
Orders
- Sarah Wanjiru is joined as an interested party in these proceedings.
- There is no order as to costs.
Full Case Text
Judgment text and source record
36 paragraphs
Nyale & 3 others v Mwango & 4 others (Enviromental and Land Originating Summons 47 of 2023) [2024] KEELC 13224 (KLR) (14 November 2024) (Ruling)
Neutral citation: [2024] KEELC 13224 (KLR)
Republic of Kenya
In the Environment and Land Court at Malindi
Enviromental and Land Originating Summons 47 of 2023
EK Makori, J
November 14, 2024
Between
Reuben Tinga Nyale
1st Plaintiff
Joseph Nyale Mwango
2nd Plaintiff
Kassim Mwango Nyale
3rd Plaintiff
Edward Kazungu Nyale
4th Plaintiff
and
Kiti Nyale Mwango
1st Defendant
Khamis Nyale Mwango
2nd Defendant
Josephat Muchere Marete
3rd Defendant
Land Registrar Kilifi
4th Defendant
Attorney General Malindi
5th Defendant
Ruling
1. The application dated 8th February 2024 seeks to have Sarah Wanjiru join these proceedings as an interested party with the attendant costs.
2. In her sworn affidavit deposed on 8th February 2024, Sarah Wanjiru, who is the applicant in this case, claims that on 21st July 2023, she entered into a commitment agreement with the 1st and 2nd defendants in respect to 2 acres to be hived from the suit property, Kilifi/Mtwapa/II, for a consideration of Kshs 10,000,000/—. A deposit of Kshs 1,000,000/—was paid on the signing of the agreement, and Kshs 500,000/—was paid on 23rd November 2023.
3. The first, second, and third Defendants oppose the application, contending that this is a collusion between the intended party and counsel for the plaintiff.
4. Parties were directed to canvass the application by way of written submissions.
5. Having meticulously considered the materials placed before me and the parties' submissions, I frame issues that will affect the determination of this application—whether to join the intended interested party in these proceedings and who should bear the costs of the application.
6. It is settled that the conditions for a party's joinder are as laid out in Gladys Nduku Nthuki v Letshago Kenya Ltd; Mueni Charles Maingi (Interested Plaintiff) (2022) eKLR:a.He must be a necessary party.b.He must be a proper party.c.In the case of a defendant there must be a relief flowing from the defendant to the plaintiff.d.The ultimate order or decree cannot be enforced without his presence in the matter.e.The presence is necessary to enable the court effectively and completely adjudicate upon and settle all questions involved in the suit.
7. The applicant has shown a purchaser's interest in the suit property. She will be a necessary party and proper party to be joined in these proceedings. The application dated 8th February 2023 is allowed. There is no order as to costs.
DATED, SIGNED, AND DELIVERED VIRTUALLY AT MALINDI VIRTUALLY ON THIS 14TH DAY OF NOVEMBER 2024. E. K. MAKORIJUDGEIn the Presence of:Mr.Lijoodi for the PlaintiffMs.Apiyo, for the Proposed Interested PartyMs Wambui for 1st, 2nd and 3rd Defendants.Happy: Court Assistant