https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3029
The court found that the applicant had shown sufficient interest in the suit property. Although the title annexed related to parcel South Teso/Asinge/2145 rather than the pleaded parcel, the court accepted that it was a subdivision emanating from South Teso/Asinge/1443 and that the confirmed grant showed the...
Source-derived case information.
- Citation
- [2026] KEELC 3029 (KLR)
- Parties
- Applicant: Timina Chakupewa Ochudi; Respondent: Sabencia Amwano Ekarot (Sued as Administrator of the Estate of Clementina Glaido Obere); Interested Party/applicant: Kizito Okodoi Kaloti
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Enviromental and Land Originating Summons E001 of 2025
- Procedural Posture
- Environment and Land Originating Summons; Adverse Possession / Ruling on Application for Joinder
- Outcome
- Application allowed in part; applicant joined as 2nd respondent instead of interested party.
- Judges
- ["L Waithaka"]
- Legal Topics
- Adverse Possession, Joinder of Parties, Co Ownership, Title Deed/subdivision of Land, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Timina Chakupewa Ochudi
Applicant
Sabencia Amwano Ekarot (Sued as Administrator of the Estate of Clementina Glaido Obere)
Respondent
Kizito Okodoi Kaloti
Interested Party/applicant
Procedural Posture
Environment and Land Originating Summons; Adverse Possession / Ruling on Application for Joinder
Legal Issues
- 1 Whether the applicant demonstrated sufficient interest to be joined to the suit
- 2 Whether the proposed interested party should be joined as an interested party or as a respondent
- 3 Whether costs should be awarded
Ratio Decidendi
The court found that the applicant had shown sufficient interest in the suit property. Although the title annexed related to parcel South Teso/Asinge/2145 rather than the pleaded parcel, the court accepted that it was a subdivision emanating from South Teso/Asinge/1443 and that the confirmed grant showed the applicant and respondent were to receive the land jointly. On that basis, the court joined the applicant as the 2nd respondent and directed him to respond within seven days.
Court Disposition
Application allowed in part; applicant joined as 2nd respondent instead of interested party.
Orders
- Kizito Okodoi Kaloti is joined to the suit as the 2nd respondent.
- The 2nd respondent shall file his response to the main suit/application within seven (7) days from the date of delivery of the ruling.
Full Case Text
Judgment text and source record
1 paragraphs
Ochudi v Ekarot (Sued as Administrator of the Estate of Clementina Glaido Obere); Kaloti (Interested Party) (Enviromental and Land Originating Summons E001 of 2025) [2026] KEELC 3029 (KLR) (19 May 2026) (Ruling) Neutral citation: [2026] KEELC 3029 (KLR) Republic of Kenya In the Environment and Land Court at Busia Enviromental and Land Originating Summons E001 of 2025 L Waithaka, J May 19, 2026 IN THE MATTER OF LAND PARCEL NUMBER SOUTH TESO ASINGE/1443 AND IN THE MATTER OF A FOR ADVERSE POSSESSION Between Timina Chakupewa Ochudi Applicant and Sabencia Amwano Ekarot (Sued as Administrator of the Estate of Clementina Glaido Obere) Respondent and Kizito Okodoi Kaloti Interested Party Ruling 1.Vide a Notice of Motion dated 2nd May 2025, Kizito Okodoi Kaloti, who is the applicant herein, seeks to be joined to this suit as an interested party. 2.The application is premised on the grounds that the proposed interested party/ applicant has an interested in the subject matter of the suit property namely South Teso/Asinge/1443 in that he is in use and occupation of the suit property and he is registered alongside the respondent as a joint owner of the suit property. 3.The application is supported by the affidavit of the applicant sworn on 2nd May, 2025 in which the applicant has annexed the title deed for the parcel of land known as South Teso/Asinge/2145 (which appears to a subdivision of the suit property, Teso/Asinge/1443 transmitted to the applicant and the respondent pursuant to the grant issued in Busia CMC Succession Cause number 220 of 2012). 4.The application is unopposed. 5.I have read and considered the application, the grounds and supporting affidavit. 6.The title deed annexed to the application is for a different parcel of land, South Teso/Asinge/2145. Be that as it may, I have reason to believe that the annexed title is a subdivision of the parcel of land in question, South Teso/Asinge/1443. I say so because the confirmed grant annexed to the main application/ suit shows that the respondent and the proposed interested party/applicant were to jointly get 1.3 hectares from the original parcel of land South Teso/Asinge/1443. 7.In view of the foregoing, I find and hold that the applicant has demonstrated sufficient interest in the suit property warranting his joinder in the suit. Since as a co-owner of a portion of the suit property with the respondent, the proposed interested party applicant has similar interest in the suit property to the interest of the respondent, I allow him to join the suit not as an interested party but as the 2nd respondent and direct him to within seven (7) days from the date of delivery of this ruling, to file his response to the main suit/application. 8.As the application is undefended, I make no order as to costs. 9.Orders accordingly. RULING, DATED, SIGNED AND DELIVERED VIRTUALLY IN BUSIA THIS 19TH DAY OF MAY 2026.L. N. WAITHAKAJUDGEIn the presence of:N/A for the ApplicantSabencia Amwano Ekarot- RespondentKizito Okodoi Kaloti - Interested Party/ApplicantCourt Assistant: Tracy