[2018] KEELC 3644 (KLR)
The court found that the Redeemed Gospel Church had demonstrated a sufficient and direct interest in the subject matter of the petition, having purchased and taken possession of a portion of the suit land, constructed permanent structures, and remained in occupation. The court held that the proceedings involved both...
Source-derived case information.
- Citation
- [2018] KEELC 3644 (KLR)
- Parties
- Petitioner: William Abok; Respondent: National Land Commission; Respondent: Turkana County Land Management Board; Respondent: The Hon. Attorney General; Respondent: John Egielan; Applicant: Redeemed Gospel Church
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Petition 3 of 2016
- Procedural Posture
- Petition / Ruling on Application for Joinder as Interested Party
- Outcome
- application for joinder as interested party granted
- Judges
- FM Njoroge
- Legal Topics
- Joinder of Parties, Sale of Land, Interested Party Rights, Real Property Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
William Abok
Petitioner
National Land Commission
Respondent
Turkana County Land Management Board
Respondent
The Hon. Attorney General
Respondent
John Egielan
Respondent
Redeemed Gospel Church
Applicant
Procedural Posture
Petition / Ruling on Application for Joinder as Interested Party
Legal Issues
- 1 Whether the Redeemed Gospel Church should be enjoined as an interested party in the petition.
- 2 Whether the applicant has demonstrated sufficient interest in the subject matter of the proceedings to warrant joinder.
- 3 Whether failure to join the applicant would prejudice its rights to be heard regarding the suit land.
Ratio Decidendi
The court found that the Redeemed Gospel Church had demonstrated a sufficient and direct interest in the subject matter of the petition, having purchased and taken possession of a portion of the suit land, constructed permanent structures, and remained in occupation. The court held that the proceedings involved both public and private law rights, and that the applicant's proprietary interests could be adversely affected by the outcome. Denying the applicant a hearing would be unfair and contrary to the principles of natural justice. The court was not persuaded by the respondent's procedural objections, noting that the applicant had subsequently produced sale agreements evidencing its...
Court Disposition
application for joinder as interested party granted
Orders
- Prayer No. 2 of the application dated 15/1/2018 is granted; Redeemed Gospel Church is enjoined as an interested party.
- The interested party shall file and serve documents in support of or in opposition to the petition within 21 days of this order.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
PETITION NO. 3 OF 2016
WILLIAM ABOK..............................................................................PETITIONER
VERSUS
NATIONAL LAND COMMISSION........................................1ST RESPONDENT
TURKANA COUNTY LAND MANAGEMENT BOARD.......2ND RESPONDENT
THE HON. ATTORNEY GENERAL.………...…............…..3RD RESPONDENT
JOHN EGIELAN……………….…………….............……..4TH RESPONDENT
AND
REEDEMED GOSPEL CHURCH………….............……………...APPLICANT
R U L I N G
1. The application dated 15/1/2018 seeks an order that the Redeemed Gospel Church - Lodwar be enjoined as an interested party in these proceedings.
2. The application is made on the basis that the Church bought a portion of the suit land measuring 5 acres from the petitioner and immediately took possession and occupation thereof and constructed a School and a Mission Centre and is still in possession thereof; Therefore, states the applicant, it is likely to be affected by any adverse orders that may be made in these proceedings, and it risks being condemned unheard.
3. The application is supported by the affidavit of one John Masika, a Pastor with the applicant. The application is opposed. The 4th respondent has filed a replying affidavit that he swore on 22/1/2018. He states that the application is defective for want of citation of the proper rules under which it is brought. He also states that no contract of sale of land to the Church was exhibited in the supporting affidavit. Thirdly no rights have crystallized in favour of the applicant over the land as no survey subdivision, planning or transfer of the land has occurred and that in any event the only remedy that may be available for a failed or voided transaction, which the 4th defendant appears to think this is one, can only be a claim for a refund of consideration by the recipient.
4. Pursuant to that reply, the applicant filed a further affidavit sworn by John Masika which exhibited the sale agreement between the Church and the petitioner dated 18/8/2014 and another between the Church and one “William Abou” dated 20/8/2014.
5. I have looked at the decisions filed in court by Mr. Ngigi for the 4th respondent. However in my view this is a case in which the parties’ rights to real property are concerned. It is not merely a petition with strict regard to public law rights. It straddles both public law rights and private law rights as this court is bound to make pronouncements on the propriety of the acts of public bodies and their impact on the rights of the petitioner to real property. This is the real property a portion of which has been purportedly bought by the interested party. The interested party has demonstrated that they may have real and valuable consideration over part of the property and it would be unfair to deny them a hearing in this matter. In any event I do not see in what manner the 4th defendant would be prejudiced if the instant application was granted. No other party, but the 4th respondent rose in opposition to the application.
6. I find it appropriate to grant the application dated 15/1/2018. I hereby granted prayer No. 2 thereof. The interested party shall file and serve documents in support of or in opposition to the petition within 21 days of this order.
Dated, signed and delivered at Kitale on this23rd day of April 2018.
MWANGI NJOROGE
JUDGE
23/4/2018
Coram:
Before - Mwangi Njoroge, Judge
Court Assistant - Picoty
Mr. Bisonga holding brief for Khisa for Petitioner
N/A for Respondent
N/A for Applicant
COURT
Ruling read in open court.
MWANGI NJOROGE
JUDGE
23/4/2018