Watetu & another v Kabura & another (Environment and Land Appeal 26 of 2022) [2024] KEELC 1622 (KLR) (27 March 2024) (Judgment)

Summary at a glance

Facts

The 1st respondent, Mary Mukuhi, was the registered proprietor of land parcels Ruiru/Ruiru Kiu Block 12/487 and 488. She claimed that the 2nd respondent, Mary Goretti Kabura, had encroached on her land and built on it. The 2nd respondent denied the claim and contended that she was the rightful owner of Plot No 496A.

Issues

• Whether the post-judgment application satisfied the criteria for grant of an order of post-judgment joinder to a suit.
• Whether the trial court erred in granting post-judgment orders against the appellants who were not parties to the suit.

Reasoning

The court outlined the principles guiding the exercise of appellate jurisdiction and the granting of post-judgment orders. It found that the application did not satisfy the criteria and that the trial court erred in granting post-judgment orders against the appellants who were not parties to the suit.

Outcome

Affirmed the trial court's judgment and decree, but reversed the post-judgment orders.

Orders

• The post-judgment orders were reversed.
• The appellants were not parties to the suit and were not adversely affected by the judgment and decree.

Remedies

• The appellants were not adversely affected by the judgment and decree.
• The post-judgment orders were reversed.

Authorities cited