Sadera & 2 others v Kerema & 7 others (Civil Appeal 89 of 2019) [2025] KECA 458 (KLR) (7 March 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 458
- Citation
- [2025] KECA 458 (KLR)
- Decided
- 7 March 2025
The Court of Appeal allows the appeal and reverses the ruling of the trial judge, allowing the appellants' application for amendment of pleadings and joinder of parties.
Facts
The case involves a long-standing dispute between the appellants and respondents over land rights, spanning over 20 years. The litigation was initially filed in the High Court in Nairobi and later transferred to the Environment and Land Court in Nakuru and Narok.
Issues
- Misdirection by the trial judge
- Misapprehension of facts
- Considerations not taken into account
- Considerations not taken into account by the judge
- Plainly wrong decision
Reasoning
The Court of Appeal found that the trial judge misdirected himself in law, misapprehended the facts, and failed to properly apply the law and tests governing the grant or refusal to grant prayers for amendment of pleadings and joinder of parties.
Outcome
The appeal is allowed, and the ruling of the trial judge is reversed.
Orders
- Allow the appellants' application for amendment of pleadings and joinder of parties
- Order that the costs of the appeal abide the outcome of the suit
- Order that the appeal shall be heard before any other judge of the Environment and Land Court except Kullow, J.
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