[2021] KEELC 450 (KLR)
The court determined that the Director of Land Administration and the Chief Land Registrar, both from the Ministry of Lands and Physical Planning, are necessary parties to the suit. Their joinder is essential to enable the court to effectually and completely adjudicate upon and settle all questions involved,...
Source-derived case information.
- Citation
- [2021] KEELC 450 (KLR)
- Parties
- Plaintiff: Elizabeth Muthoni Hussein; Defendant: Vikesh Jinit Shah; Appellant: Vikesh Jinit Shah; Respondent: Elizabeth Muthoni Hussein; Respondent: Director of Survey of Kenya; Respondent: Registrar of Titles; Respondent: Kiambu County Government; Respondent: National Land Commission
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Thika
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 63 of 2018
- Procedural Posture
- Land and Property Suit / Interlocutory Order; Joinder of Interested Parties Prior to Judgment
- Outcome
- Interlocutory order; joinder of interested parties and vacation of judgment date.
- Judges
- BM Eboso
- Legal Topics
- Joinder of Parties, Land Title Disputes, Allotment Letters, Survey and Registration, Civil Procedure Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Muthoni Hussein
Plaintiff
Vikesh Jinit Shah
Defendant
Vikesh Jinit Shah
Appellant
Elizabeth Muthoni Hussein
Respondent
Director of Survey of Kenya
Respondent
Registrar of Titles
Respondent
Kiambu County Government
Respondent
National Land Commission
Respondent
Procedural Posture
Land and Property Suit / Interlocutory Order; Joinder of Interested Parties Prior to Judgment
Legal Issues
- 1 Whether the Director of Land Administration and the Chief Land Registrar are necessary parties for the complete adjudication of the dispute regarding Thika Municipality Block 6/2.
- 2 Whether the court can proceed to judgment without the input of the relevant land administration officers regarding the issuance of allotment letters and leases to business names.
Ratio Decidendi
The court determined that the Director of Land Administration and the Chief Land Registrar, both from the Ministry of Lands and Physical Planning, are necessary parties to the suit. Their joinder is essential to enable the court to effectually and completely adjudicate upon and settle all questions involved, particularly regarding the authenticity and issuance of allotment letters and leases to business names for the disputed property. The court found that proceeding to judgment without their input would be premature and potentially prejudicial to the fair determination of the dispute. Accordingly, the court vacated the order reserving the matter for judgment and directed the joinder of...
Court Disposition
Interlocutory order; joinder of interested parties and vacation of judgment date.
Orders
- The Director of Land Administration and the Chief Land Registrar, Ministry of Lands and Physical Planning, are joined as interested parties.
- The said officers shall attend court on a date to be set and present the relevant correspondence and deed files relating to Thika Municipality Block 6/2 (formerly Land Reference Number 4953/2144) and confirm the issuance of allotment letters and leases to business names.
Full Case Text
Judgment text and source record
29 paragraphs
THE REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT THIKA
ELC CASE NO 63 OF 2018
ELIZABETH MUTHONI HUSSEIN ..................................................................PLAINTIFF
=VERSUS=
VIKESH JINIT SHAH......................................................................................DEFENDANT
BY WAY OF COUNTER CLAIM
VIKESH JINIT SHAH.........................................................................................PLAINTIFF
=VERSUS=
ELIZABETH MUTHONI HUSSEIN......................................................1ST DEFENDANT
DIRECTOR OF SURVEY OF KENYA.................................................2ND DEFENDANT
REGISTRAR OF TITLES.......................................................................3RD DEFENDANT
KIAMBU COUNTY GOVERNMENT....................................................4TH DEFENDANT
NATIONAL LAND COMMISSION........................................................5TH DEFENDANT
ORDER
1. This matter came up for hearing on 4/11/2021. The plaintiff in the primary claim did not attend court to prosecute her suit. The defendant did not attend in person but attended through his advocate and led evidence by his agent (Property Manager). The primary suit by the plaintiff was dismissed for non attendance and the defendant’s counterclaim was heard. The court subsequently scheduled the matter for judgment on the defendant’s counterclaim today. While reading the file in preparation for judgment-writing, the court noted that the suit property was previously surveyed as Land Reference Number 4953/2144, measuring 4. 000 hectares. It currently bears Title Number Thika Municipality Block 6/2. Secondly, the parallel allotment letters being waved by the plaintiff and the defendant relating to the said property bear business names as the allottees. Similarly, the parallel leases which the two rival parties presented to the court bear business names as the lessees.
2. The Director of Land Administration and the Chief Land Registrar, both from the Ministry of Lands and Physical Planning, were neither joined as parties to this suit nor called as witnesses. It is the view of the court that the two officers are relevant parties who will enable the court to effectually and completely adjudicate upon and settle all questions involved in this suit.
3. Consequently, the court hereby invokes Order 1 rule 10(2)of the Civil Procedure Rules and issues the following orders:
a. The Director of Land Administration and the Chief Land Registrar, both from the Ministry of Lands and Physical Planning, are hereby made interested parties to this suit.
b. The said Officers shall attend court on a date to be set for the purpose of presenting to the court the relevant correspondence file and the relevant deed file (parcel register) relating to Thika Municipality Block 6/2 [formerly Land Reference Number 4953/2144] and confirm to the court whether indeed allotment letters and leases were processed and issued to any of the business names.
c. The order reserving this matter for judgment is hereby vacated.
d. The Court Registry shall serve this order together with the relevant hearing notices on the two Officers in the Ministry of Lands and Physical Panning and on the Hon Attorney General.
DATED, SIGNED AND DELIVERED VIRTUALLY AT THIKA ON THIS 10TH DAY OF DECEMBER 2021
B M EBOSO
JUDGE
In the presence of: -
Ms Kamunya for the Defendant
Court Assistant: Lucy Muthoni