[2024] KEELC 13635 (KLR)
The court found that the applicant, having demonstrated that he is a bona fide purchaser for value and that the property has been transferred into his name, has a legitimate interest in the subject matter of the proceedings. The existence of a caution does not, in itself, preclude the applicant from being joined as...
Source-derived case information.
- Citation
- [2024] KEELC 13635 (KLR)
- Parties
- Applicant: John Lantan Ole Sinkori; Respondent: Estate of Teeta Ole Kamakia; Respondent: Brown Paul Muchanga & 4 others; Plaintiff: Plaintiff/Respondent (not named); Defendant: Defendants (not named); Applicant: Interested Party (proposed)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kajiado
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 70 of 2018
- Procedural Posture
- Notice of Motion / Ruling on Application for Joinder of Interested Party
- Outcome
- application allowed
- Judges
- LC Komingoi
- Legal Topics
- Joinder of Parties, Bonafide Purchaser, Cautions on Land, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John Lantan Ole Sinkori
Applicant
Estate of Teeta Ole Kamakia
Respondent
Brown Paul Muchanga & 4 others
Respondent
Plaintiff/Respondent (not named)
Plaintiff
Defendants (not named)
Defendant
Interested Party (proposed)
Applicant
Procedural Posture
Notice of Motion / Ruling on Application for Joinder of Interested Party
Legal Issues
- 1 Whether the applicant should be enjoined as an interested party in the proceedings.
- 2 Whether the applicant is a bona fide purchaser for value deserving participation in the suit.
- 3 Whether the existence of a caution affects the applicant's right to be joined.
Ratio Decidendi
The court found that the applicant, having demonstrated that he is a bona fide purchaser for value and that the property has been transferred into his name, has a legitimate interest in the subject matter of the proceedings. The existence of a caution does not, in itself, preclude the applicant from being joined as an interested party. In the interest of justice and to ensure all parties with a stake in the dispute are heard, the court exercised its discretion to allow the joinder. The applicant is therefore enjoined as an interested party and granted leave to file relevant documents within twenty-one days.
Court Disposition
application allowed
Orders
- John Lantan Ole Sinkori is hereby enjoined in these proceedings as an interested party.
- The applicant shall file his documents within twenty-one (21) days from the date of this ruling, with corresponding leave to the plaintiff and defendants if necessary.
Full Case Text
Judgment text and source record
29 paragraphs
Sinkori v Kamakia & 5 others (Environment & Land Case 70 of 2018) [2024] KEELC 13635 (KLR) (5 December 2024) (Ruling)
Neutral citation: [2024] KEELC 13635 (KLR)
Republic of Kenya
In the Environment and Land Court at Kajiado
Environment & Land Case 70 of 2018
LC Komingoi, J
December 5, 2024
Between
John Lantan Ole Sinkori
Applicant
and
Estate of Teeta Ole Kamakia
1st Respondent
Brown Paul Muchanga & 4 others & 4 others
2nd Respondent
Ruling
1. This is the Notice of Motion dated 30th May 2024 brought under;(Sections 1A, 1B, 3A and Section 63 of the Civil Procedure Act, Under Order 51 Rule 1 & 3 of the Civil Procedure Rules, 2010 and all other enabling Provisions of the Law)
2. The grounds are on the application and are set out in paragraphs a to g.
3. The application is supported by the Affidavit of John Lantan Ole Sinkori, the proposed Interested Party, sworn on the 30th May 2024.
4. The Application is opposed. There are grounds of opposition filed by the Plaintiff/Respondent dated 1st July 2024.
5. On the 17th September 2024 Mr. Njiru for the Defendants and Mr. Gaitho for the Interested Party told the court that they were not opposing the Notice of Motion.
6. The Application was canvassed by written submissions.
7. I have considered the Notice of Motion, the Affidavit in support, the response thereto, the rival submissions and the authorities cited. The issue for determination whether this Application is merited.
8. It is the proposed Interested Party’s submission that he is an innocent purchaser for value and the property has been transferred to his name. He has put forward the case of Francis Karioki Muratetu & Another Vs. Republic & 5 Others (2016) eKLR.He prays that he be enjoined in these proceedings.
9. The Plaintiff/Respondent’s submission is that there was a caution existing which the Applicant ought to have been aware of. He prays that this application be found to be without merit and be dismissed with costs.
10. I have considered the rival submissions. The Applicant states that he is a bonafide purchaser for value. I find that it is in the interest of justice that he be allowed to participate in these proceedings.
11. I find merit in this application and the same is allowed.
12. I hereby grant the orders sought namely;a.That John Lantan Ole Sinkori is hereby enjoined in these proceedings.b.That the Applicant do file his documents within twenty one (21) days from the date of this Ruling with corresponding leave to the Plaintiff and the Defendants if need be.c.That costs of this Application be borne by the Applicant
DATED, SIGNED AND DELIVERED VIRTUALLY AT KAJIADO THIS 5TH DAY OF DECEMBER 2024. L. KOMINGOIJUDGEIn the presence of:Ms. Oele for Mr. S. Gare for the Plaintiff.N/A for the Defendants.Mr. Gaitho for the Interested Party.Mr. Serpepi for the proposed Interested PartyMutisya – Court Assistant