[2019] KEELC 444 (KLR)
The court considered the application for leave to amend the plaint, noting that the amendments sought were to correct party names, update land parcel numbers following subdivision, and reflect new information that was not available at the time of filing. The court found that the amendments were necessary for the...
Source-derived case information.
- Citation
- [2019] KEELC 444 (KLR)
- Parties
- Plaintiff: Zipporah Karigu Mwambi; Plaintiff: John Mwathi M’Mugambi; Plaintiff: Jeremiah Murauko Mugambi; Plaintiff: Beatrice Gacunku; Plaintiff: David Mutugi Karigu; Plaintiff: Josphat Njeri Kiaya; Defendant: Sabera Gakundi Mwithi; Defendant: Beatrice Kathambi; Defendant: Charity Kaindi; Defendant: Virginia Muthoni; Defendant: John Kimathi; Defendant: Alice Karimi; Defendant: James Mutugi; Defendant: Gerald Mugambi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Chuka
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 20 of 2019
- Procedural Posture
- Environment and Land Case / Interlocutory Application for Leave to Amend Plaint; Directions for Possible Settlement
- Outcome
- Application for directions allowed; parties to negotiate settlement and return for directions.
- Judges
- FM Njoroge
- Legal Topics
- Amendment of Pleadings, Land Parcel Subdivision, Rectification of Parties, Trusts in Land, Consolidation of Titles
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zipporah Karigu Mwambi
Plaintiff
John Mwathi M’Mugambi
Plaintiff
Jeremiah Murauko Mugambi
Plaintiff
Beatrice Gacunku
Plaintiff
David Mutugi Karigu
Plaintiff
Josphat Njeri Kiaya
Plaintiff
Sabera Gakundi Mwithi
Defendant
Beatrice Kathambi
Defendant
Charity Kaindi
Defendant
Virginia Muthoni
Defendant
John Kimathi
Defendant
Alice Karimi
Defendant
James Mutugi
Defendant
Gerald Mugambi
Defendant
Procedural Posture
Environment and Land Case / Interlocutory Application for Leave to Amend Plaint; Directions for Possible Settlement
Legal Issues
- 1 Whether the applicants should be granted leave to amend the plaint to correct party names and reflect new land parcel numbers.
- 2 Whether the amendment is necessary to enable the court to determine the real issues in controversy.
- 3 Whether the defendants will suffer prejudice if the amendment is allowed.
Ratio Decidendi
The court considered the application for leave to amend the plaint, noting that the amendments sought were to correct party names, update land parcel numbers following subdivision, and reflect new information that was not available at the time of filing. The court found that the amendments were necessary for the just determination of the issues in dispute and that there was no evidence of prejudice to the defendants. The court further noted that both parties had expressed willingness to explore a settlement, and accordingly, directed the parties to engage in negotiations and return for directions. The operative decision was to allow the parties time to negotiate and to give directions on...
Court Disposition
Application for directions allowed; parties to negotiate settlement and return for directions.
Orders
- Parties to engage in settlement negotiations and, if successful, file a consent by 9th December, 2019.
- Parties to appear for directions on 9th December, 2019.
Full Case Text
Judgment text and source record
54 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT CHUKA
CHUKA ELC CASE NO. 20 OF 2019
ZIPPORAH KARIGU MWAMBI …………………………….. 1ST PLAINTIFF
JOHN MWATHI M’MUGAMBI……………………………..…2ND PLAINTIFF
JEREMIAH MURAUKO MUGAMBI…………………………..3RD PLAINTIFF
BEATRICE GACUNKU……………………………………..…..4TH PLAINTIFF
DAVID MUTUGI KARIGU………………………………………5TH PLAINTIFF
JOSPHAT NJERI KIAYA………………………………………...6TH PLAINTIFF
VERSUS
SABERA GAKUNDI MWITHI……………………………… 1ST DEFENDANT
BEATRICE KATHAMBI………………………………………2ND DEFENDANT
CHARITY KAINDI………………………………………….…3RD DEFENDANT
VIRGINIA MUTHONI………………………………….……..4TH DEFENDANT
JOHN KIMATHI………………………………………………..5TH DEFENDANT
ALICE KARIMI……………………………………………..…6TH DEFENDANT
JAMES MUTUGI………………………………………………7TH DEFENDANT
GERALD MUGAMBI………………………………………….8TH DEFENDANT
RULING
1. There is a pending application pending in this matter.
2. The application states as follows:
NOTICE OF MOTION
(Under Order 8 rule 3 and Sections 3 & 3A Cap 21 Laws of Kenya)
LET ALL the parties concerned attend the Judge in chambers on ……day of ……2019 at 8. 30am or soon thereafter in the forenoon on the hearing of an application by counsel for the applicant for orders that:-
a) The Hon. Court be pleased to grant the applicant leave to amend her plaint as per the annexed copy.
b) The amended copy of the plaint be deemed as duly filed and duly served.
c) Costs of this application be in the cause.
The application is based on the following grounds:-
b) Costs of this application be in the cause.
The application is based on the following grounds:-
i) The name of the 1st plaintiff is Zipporah Karigu Mugambi alias Karigu M’Mugambi Ngiti and not Zipporah Karigu Mwambi.
ii) The first name of the 1st defendant is spelt as Zavera and not Sabera.
iii) That land parcel No. South Tharaka/Tunyai “A”/390 has been subsided into seven new parcels including land parcel No. South Tharaka/Tunyai “A”/4586, 4587, 4588, 4589, 4590, 4591, 4592.
iv) That the information concerning the new parcel numbers was not known to the applicants at the time they filed the suit on 30th September, 2019 because they were relying on the Green card issued to them on 27th August, 2019 whereas the new titles were registered on 29th August, 2019.
v) That at the time the suit was filed the land was registered in the name of the 1st and 7th Respondents/Defendants to hold in trust for the 2nd, 3rd, 4th, 5th and 7th Respondents/Defendants.
vi) That after the subdivisions made on 29th August, 2019 three portions have been registered in the names of the 10th, 11th and 12th Defendants.
vii) That information reaching the applicants indicates that the 5th defendant is the same person (sic) being the names of James Mwenda Mwithi.
viii) That it is in the interest of justice that the seven new land parcels be consolidated back to the old land parcel No. South Tharaka/Tunyai “A”/390 so that the rights and claims of the applicants can be determined by this Hon. Court.
ix) That although new parcel numbers have been curved out (sic) land parcel No. South Tharaka/Tunyai “A”/390 there has been no subdivision done on the ground and it is hard for the applicants to know where their respective land parcels lie on the ground and we do not (sic) which of the Respondents is holding the land titles to our particular areas we are occupying.
x) The defendants will not suffer any prejudice.
The application is supported by the affidavit of Zipporah Karigu Mugambi alias Karigu M’Ugambi Ngiti and on further grounds to be adduced during the hearing hereof.
Dated at Meru this 1st day of October, 2019
…………………
NJIRU KITHAKA & CO.
ADVOCATES FOR THE APPLICANTS
3. On 25th November, 2019, advocates Kaai Mugambi and Nyambura Kithaka told the court that they want to explore a settlement. They told the court that they would engage in the necessary negotiations, and if they succeed, bring a consent to court on 9th December, 2019. This request was allowed.
4. Parties are directed to come for directions on 9th December, 2019.
5. Orders accordingly.
Delivered in open Court at Chuka this 25th day of November, 2019 in the presence of:
CA: Ndegwa
Kiai present for the Respondent
M/S Kithaka present for the Applicant
P. M. NJOROGE
JUDGE