[2021] KEELC 3252 (KLR)

[2021] KEELC 3252 (KLR)

The court found that the 4th Defendant, having been registered as proprietor of the disputed land parcel Kajiado/Kaputiei South/888 by virtue of succession proceedings, is a necessary party for the effectual and complete adjudication of the dispute. The court held that even if there is no direct cause of action...

Source-derived case information.

Citation
[2021] KEELC 3252 (KLR)
Parties
Plaintiff: Poka Group Ranch Community Based Organization; Plaintiff: Poka Group Ranch; Plaintiff: Jeremiah Lemako; Plaintiff: Harrison Tago; Defendant: County Government of Kajiado; Defendant: David Ole Sankori; Defendant: Gikena Investment Limited; Defendant: Esther Ndaru Mukuria (Sued on her own behalf and on behalf of the estate of Walter Bernard Mukundi Mukuria – Deceased); Defendant: Samuel Mwangi; Defendant: Bouyancy Holdings Ltd; Defendant: Land Registrar (Kajiado); Defendant: The Hon. Attorney General
Court
Environment and Land Court
Court Station
Environment and Land Court at Kajiado
Jurisdiction
Kenya
Judgment Date
19 May 2021
Case Number
Environment & Land Case 31 of 2020
Procedural Posture
Notice of Motion / Ruling on Application to Strike Out 4th Defendant
Outcome
application dismissed with costs to the plaintiffs
Legal Topics
Joinder of Parties, Necessary Parties, Land Ownership Disputes, Succession and Administration, Striking Out Parties
Source Language
english
Land and Property Civil Procedure Joinder of Parties Necessary Parties Land Ownership Disputes Succession and Administration Striking Out Parties

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Parties

Poka Group Ranch Community Based Organization

Plaintiff

Poka Group Ranch

Plaintiff

Jeremiah Lemako

Plaintiff

Harrison Tago

Plaintiff

County Government of Kajiado

Defendant

David Ole Sankori

Defendant

Gikena Investment Limited

Defendant

Esther Ndaru Mukuria (Sued on her own behalf and on behalf of the estate of Walter Bernard Mukundi Mukuria – Deceased)

Defendant

Samuel Mwangi

Defendant

Bouyancy Holdings Ltd

Defendant

Land Registrar (Kajiado)

Defendant

The Hon. Attorney General

Defendant

Procedural Posture

Notice of Motion / Ruling on Application to Strike Out 4th Defendant

Legal Issues

  1. 1 Whether the 4th Defendant should be struck out from the proceedings in her personal capacity and as administratrix of the estate of the late Walter Bernard Mukundi Mukuria.
  2. 2 Whether the 4th Defendant is a necessary party for the effectual and complete adjudication of the dispute concerning land parcel Kajiado/Kaputiei South/888.

Ratio Decidendi

The court found that the 4th Defendant, having been registered as proprietor of the disputed land parcel Kajiado/Kaputiei South/888 by virtue of succession proceedings, is a necessary party for the effectual and complete adjudication of the dispute. The court held that even if there is no direct cause of action against her, her presence is required to determine the chain of ownership and the manner in which the land was disposed of. The court applied the principles under Order 1 Rule 10(2) of the Civil Procedure Rules and relevant case law, emphasizing that the necessity of a party's presence is not limited to the existence of a cause of action but extends to ensuring all questions in the...

Court Disposition

application dismissed with costs to the plaintiffs

Orders

  • The Notice of Motion application dated 19th August, 2020 is dismissed.
  • Costs of the application are awarded to the Plaintiffs.