Nyangacha v Nyagwaka; Barasa (Applicant) (Environment & Land Case 354 of 2016) [2023] KEELC 215 (KLR) (26 January 2023) (Ruling)

Summary at a glance

Facts

The plaintiff filed a suit claiming to be the proprietor of the suit land and suing the defendant for trespass and eviction. The defendant did not participate in the trial. The court entered judgment in favor of the plaintiff. The applicants now claim to be in occupation of the suit land and that the title no longer exists due to subdivision.

Issues

• Whether the applicants are interested parties to be joined in the suit
• Whether the judgment should be set aside due to the change in the status of the suit land

Reasoning

The court found that the applicants hold titles to subdivisions of the suit land, and the title of the plaintiff did not exist at the time of judgment. The court was not aware of the changes in the suit land's status before delivering the judgment.

Outcome

Judgment set aside and applicants joined as interested parties

Orders

• Wycli Nyaanga Nyagitari and Innocent Nyagitari Barasa are hereby joined as interested parties to this suit.
• The Judgment delivered on 24 March, 2022 is hereby set aside and no execution should issue in respect of that judgment.
• There will be no orders as to the costs of this application.

Remedies

• Set aside the judgment and join the applicants as interested parties

Authorities cited