[2021] KEELC 2937 (KLR)
The court found that the applicants, as beneficiaries of the estate of Philip Gichuri Waiganjo and persons with a demonstrated interest in the subject property, have established sufficient grounds for their joinder as interested parties. The court held that their participation is necessary for the complete and...
Source-derived case information.
- Citation
- [2021] KEELC 2937 (KLR)
- Parties
- Plaintiff: Wines & Spirits (Kenya) Limited; Defendant: Orient Transjopa Company Limited; Defendant: The Chief Land Registrar; Defendant: The Honourable Attorney General; Applicant: Margaret Wambui Chuchu; Applicant: Damaris Wanjiku Waiganjo; Applicant: Lucy Waithera Kimanga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case E263 of 2020
- Procedural Posture
- Joinder Application / Ruling on Joinder Applications
- Outcome
- Applications for joinder allowed.
- Judges
- LC Komingoi
- Legal Topics
- Joinder of Parties, Succession Beneficiaries, Adjudication of Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wines & Spirits (Kenya) Limited
Plaintiff
Orient Transjopa Company Limited
Defendant
The Chief Land Registrar
Defendant
The Honourable Attorney General
Defendant
Margaret Wambui Chuchu
Applicant
Damaris Wanjiku Waiganjo
Applicant
Lucy Waithera Kimanga
Applicant
Procedural Posture
Joinder Application / Ruling on Joinder Applications
Legal Issues
- 1 Whether the applicants should be enjoined as interested parties in the proceedings.
- 2 Whether the applicants have demonstrated sufficient interest in the subject property to warrant joinder.
- 3 Whether any prejudice would be occasioned to the existing parties by the joinder of the applicants.
Ratio Decidendi
The court found that the applicants, as beneficiaries of the estate of Philip Gichuri Waiganjo and persons with a demonstrated interest in the subject property, have established sufficient grounds for their joinder as interested parties. The court held that their participation is necessary for the complete and effectual adjudication of the issues in dispute, particularly regarding the distribution and ownership of the property in question. The court further determined that no prejudice would be occasioned to the existing parties, including the 1st defendant, by allowing the joinder. Accordingly, both applications for joinder were allowed, with costs to abide the outcome of the main suit.
Court Disposition
Applications for joinder allowed.
Orders
- Margaret Wambui Chuchu is enjoined as an interested party in the proceedings.
- Damaris Wanjiku Waiganjo and Lucy Waithera Kimanga are enjoined as interested parties in the proceedings.
Full Case Text
Judgment text and source record
42 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC CASE NO. E263 OF 2020
WINES & SPIRITS (KENYA) LIMITED....................................................................PLAINTIFF
VERSUS
ORIENT TRANSJOPA COMPANY LIMITED..............................................1ST DEFENDANT
THE CHIEF LAND REGISTRAR....................................................................2ND DEFENDANT
THE HONOURABLE ATTORNEY GENERAL.............................................3RD DEFENDANT
-AND-
MARGARET WAMBUI CHUCHU............INTENDED INTERESTED PARTY/APPLICANT
DAMARIS WANJIKU WAIGANJO...........INTENDED INTERESTED PARTY/APPLICANT
LUCY WAITHERA KIMANGA.................INTENDED INTERESTED PARTY/APPLICANT
RULING
1. There are two applications dated 22nd February 2021 and 9th April 2021 for joinder. The Notice of Motion dated 22nd February 2021 seeks orders:-
(a) That leave be granted to the applicant herein to be enjoined and/or impleaded in these proceedings as an interested party.
(b) That costs of this application be provided for.
2. The grounds are on the face of the application. Basically that the interested party/applicant is beneficiary/heir of the Estate of Philip Gichuri Waiganjo. A certificate of confirmation of grant has been issued in High Court Succession Cause No. 2658 of 2015.
3. The application is supported by the affidavit of Margaret Wambui Chuchu, the applicant herein sworn on the 16th February 2021. This application is not opposed. Mr. Kivuva for the plaintiff told the court that the plaintiff does not oppose the application by the interested parties to be enjoined.
4. The Notice of Motion dated 22nd February 2021 is accordingly allowed. The costs do abide the outcome of the main suit.
5. The Notice of Motion dated 9th April 2021 seeks orders:-.
1. That Damaris Wanjiku Waiganjo and Lucy Waithera Kimanga be enjoined in these proceedings as interested parties.
2. That costs of this application be provided for.
6. The grounds are that the subject property namely LR NO 209/138/46 (IR NO 57649) Nairobi was distributed in the Succession Cause No 2658 of 2015 (In the matter of the Estate of Philip Gichuri Waiganjo (Deceased). That as per the confirmed grant the subject property was distributed to the effect that it be sold and the proceeds shared equally among Damaris Wanjiku Waiganjo, Lucy Waithera, John Gichuri Waiganjo and Margaret Chuchu.
7. The application is supported by the affidavit of Damaris Wanjiku Waiganjo and Lucy Waithera sworn on the 9th April 2021.
8. Mr. Kivuva for the plaintiff told the court that the plaintiff does not oppose the application for joinder of those parties to these proceedings. The 1st defendant opposes this application. There are grounds of opposition dated 26th April 2021 by the said 1st defendant.
9. Order 1 rule 10(2) provides that:-
“The court may at any stage of the proceedings, either upon or without the application of either party, and on such terms as may appear to the court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the court may be necessary in order to enable the court effectually and completely to adjudicate upon and settle all questions involved in the suit, be added.”
10. In their affidavit, the applicants have stated their interest in the suit property. I find that they have demonstrated their need to participate in these proceedings. No prejudice will be occasioned to the 1st defendant if these two are allowed to participate in these proceedings.
11. I find merit on this application and the same is allowed. The costs of this application do abide the outcome of the main suit.
It is so ordered.
Dated, signed and delivered in Nairobi on this 10th day of June 2021.
……………………….
L. KOMINGOI
JUDGE
In the presence of:-
Mr. Kivuva for the Plaintiff
Mrs. Khisa for the 1st Defendant
No appearance for the 2nd and 3rd Defendants
Ms Murithi for Mr. Njuguna for the 1st Interested Party
Ms Kiarie for J. Thongori for 2nd and 3rd Interested Party
Phyllis - Court Assistant