[2023] KEELC 18536 (KLR)
The court determined that the central issues in the suit—whether the subject land is public land irregularly alienated and whether the defendant is a trespasser—cannot be resolved without the participation of several government entities whose interests and statutory mandates are directly implicated. The absence of...
Source-derived case information.
- Citation
- [2023] KEELC 18536 (KLR)
- Parties
- Plaintiff: Mohammed Abdillahi Shaiya; Defendant: Board Management Umoja Primary School
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 18 of 2021
- Procedural Posture
- Environment and Land Case / Pre Judgment; Order for Joinder of Parties
- Outcome
- Order for joinder of additional defendants; judgment date vacated; further directions to be issued.
- Judges
- BM Eboso
- Legal Topics
- Joinder of Parties, Public Land Alienation, Trespass, Necessary Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohammed Abdillahi Shaiya
Plaintiff
Board Management Umoja Primary School
Defendant
Procedural Posture
Environment and Land Case / Pre Judgment; Order for Joinder of Parties
Legal Issues
- 1 Whether the land surveyed as LR No 4953/1959 and comprised in Grant No IR 57372 is public land planned for public use but irregularly alienated by the Commissioner of Lands.
- 2 Whether Umoja Primary School is a trespasser on the land.
Ratio Decidendi
The court determined that the central issues in the suit—whether the subject land is public land irregularly alienated and whether the defendant is a trespasser—cannot be resolved without the participation of several government entities whose interests and statutory mandates are directly implicated. The absence of the County Government of Kiambu, the Director General of Physical and Land Use Planning, the Director of Land Administration, the National Land Commission, the Cabinet Secretary for Education, and the Attorney General would render any judgment incomplete and potentially unenforceable. Accordingly, the court exercised its powers under Order 1 rule 10(2) of the Civil Procedure...
Court Disposition
Order for joinder of additional defendants; judgment date vacated; further directions to be issued.
Orders
- The order reserving a date for judgment is vacated.
- The County Government of Kiambu, the Director General of Physical and Land Use Planning, the Director of Land Administration in the Ministry of Land and Physical Planning, the National Land Commission, the Cabinet Secretary for Education, and the Attorney General are joined as defendants.
Full Case Text
Judgment text and source record
19 paragraphs
Shaiya v Board Management Umoja Primary School (Environment & Land Case 18 of 2021) [2023] KEELC 18536 (KLR) (3 July 2023) (Order)
Neutral citation: [2023] KEELC 18536 (KLR)
Republic of Kenya
In the Environment and Land Court at Thika
Environment & Land Case 18 of 2021
BM Eboso, J
July 3, 2023
Between
Mohammed Abdillahi Shaiya
Plaintiff
and
Board Management Umoja Primary School
Defendant
Order
1. Evidence in this suit was taken on November 1, 2022. Parties subsequently filed written submissions. While preparing a judgment in the suit, it has emerged that the two key questions to be determined in the suit are: (i) Whether the land surveyed as LR No 4953/1959 and comprised in Grant No IR 57372 is public land planned for public use but irregularly alienated by the Commissioner of Lands; and (ii) Whether Umoja Primary School is a trespasser on the land. The above issues cannot be effectually adjudicated and settled by this court in the absence of: (i) the County Government of Kiambu; (ii) the Director General of Physical and Land Use Planning; (iii) the Director of Land Administration in the Ministry of Land and Physical Planning; the National Land Commission; (iv) the Cabinet Secretary for Education and (v) the Attorney General. They are not parties to the suit yet the court is expected to make binding pronouncements on the issues without hearing them.
2. Consequently, the order reserving a date for judgment in this suit is vacated and it is hereby ordered that the said parties be joined as defendants in this suit and be served to enter appearance and file appropriate pleadings.
3. Further directions will be given on a date to be fixed by the court.
4. Lastly, for avoidance of doubt, this order is given pursuant to the powers vested in the court under Order 1 rule 10(2) of the Civil Procedure Rules.
DATED, SIGNED AND DELIVERED VIRTUALLY AT THIKA ON THIS 3RD DAY OF JULY 2023B M EBOSOJUDGEIn the Presence of: -Mr Ngugi for the PlaintiffCourt Assistant: Hinga