[2019] KEELC 1953 (KLR)
The court found that the applicants, as administrators of the estate of Elijah Mwangi, were seeking to assert a substantive claim of entitlement to the suit land, which is distinct from the issues between the current plaintiff and defendants. The proper procedure for the applicants is to file a separate suit on...
Source-derived case information.
- Citation
- [2019] KEELC 1953 (KLR)
- Parties
- Plaintiff: Patrick Ng'ang'a Kiarie; Defendant: Michael Kamau Mwangi; Defendant: County Government of Nakuru; Interested Party: Loise Wangari Njoroge
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 245 of 2017
- Procedural Posture
- Ruling / Application to Be Enjoined as Interested Party
- Outcome
- application dismissed
- Legal Topics
- Joinder of Parties, Interested Party Application, Succession Claims, Allotment of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patrick Ng'ang'a Kiarie
Plaintiff
Michael Kamau Mwangi
Defendant
County Government of Nakuru
Defendant
Loise Wangari Njoroge
Interested Party
Procedural Posture
Ruling / Application to Be Enjoined as Interested Party
Legal Issues
- 1 Whether the applicants should be enjoined as interested parties in the suit.
- 2 Whether the applicants' claim over the suit land should be addressed within this suit or through a separate action.
Ratio Decidendi
The court found that the applicants, as administrators of the estate of Elijah Mwangi, were seeking to assert a substantive claim of entitlement to the suit land, which is distinct from the issues between the current plaintiff and defendants. The proper procedure for the applicants is to file a separate suit on behalf of the estate, rather than seeking joinder as interested parties in the present proceedings. The court held that the applicants' interest was not sufficiently proximate to warrant their enjoinder as interested parties, as their claim would introduce new issues and complicate the current suit. The application was therefore dismissed, with the applicants advised to pursue...
Court Disposition
application dismissed
Orders
- The application dated 14 November 2018 seeking to enjoin Michael Kamau Mwangi and Loise Wangari Njoroge as interested parties is dismissed.
- No orders as to costs.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
ELC NO. 245 OF 2017
PATRICK NG’ANG’A KIARIE.................................................PLAINTIFF
VERSUS
MICHAEL KAMAU MWANGI........................................1ST DEFENDANT
COUNTY GOVERNMENT OF NAKURU.....................2ND DEFENDANT
AND
MICHAEL KAMAU MWANGI
LOISE WANGARI NJOROGE................................INTERESTED PARTY
RULING
(Application to be enjoined as interested party; applicant appearing to have a distinct claim for the suit land; application dismissed and applicant advised to file a separate suit to agitate his claim)
1. The application before me is that dated 14 November 2018 filed by two persons, namely Michael Kamau Mwangi and Loise Wangari Njoroge, who wish to be enjoined in these proceedings as interested parties.
2. To put matters into context, this suit was commenced through a plaint which was filed on 12 June 2017 against one Michael Kamau Mwangi and the County Government of Nakuru. In his plaint, the plaintiff averred that on 1 September 2009, he saw a notice of repossession of plots within the jurisdiction of the County Government of Nakuru. He then applied to be allocated one of the repossessed plots and was allotted the plot known as Light Industry Plot No. 30 at Bahati Trading Centre and was issued with an allotment letter. This plot had initially been allotted to one Elijah Mwangi (now deceased). In June 2017, the 1st defendant, entered the plot claiming that it belongs to his deceased father, the said Elijah Mwangi and it is this which prompted him to file this suit. In the case, he wishes to have the said Michael Kamau Mwangi, permanently restrained from the suit land.
3. The two applicants have filed this application as administrators of the estate of Elijah Mwangi. They claim that their father was allotted the suit land and that the said property is subject to succession cause No. 36 and 37 of 2016. It is claimed that the estate of the deceased has been in occupation of the suit land and pays rates to date.
4. I have considered the application. It does appear to me as if the estate of the deceased wishes to claim the suit land. If that is the case, what the applicants need to do is file suit on behalf of the estate of the deceased stating why they believe the suit land ought to be held as belonging to the estate of the deceased and not to the plaintiff herein. If found necessary, such suit, if filed, may be consolidated with this suit for a final determination. I am not persuaded that the best avenue is for the applicants to seek to be enjoined as interested parties, for it seems to be that the estate wishes to agitate its own claim of entitlement to the suit land.
5. For the above reasons, I am not inclined to allow the application and the same is hereby dismissed.
6. I make no orders as to costs.
Dated, signed and delivered in open court at Nakuru this 24th day of July 2019.
JUSTICE MUNYAO SILA
ENVIRONMENT & LAND COURT AT NAKURU
In presence of : -
Ms. Moenga present for the plaintiff.
No appearance on the part of the defendants.
No appearance on the part of M/s Oumo & Co. for the applicant.
Court Assistants: Nelima Janepher/Patrick Kemboi.
JUSTICE MUNYAO SILA
ENVIRONMENT & LAND COURT AT NAKURU