REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NYANDARUA
ELCLC NO 90 OF 2023
JAMES GACHOK AMUCHANGI..................................PLAINTIFF
VERSUS
KENYA COMMERCIAL BANK LTD..........................DEFENDANT
RULING:
Wangari Mwangi Kamau and Michael Kamau Mwangi, the Administrators of the Estate of the late Mwangi Kamau King’eta made an Application dated 5/12/2025 asking the Court to join them as substantive 2nd and 3rd Defendants/Respondents in this suit respectively so that they can be able to participate in the suit and specifically in the Notice of Motion dated 23/4/2025 filed by the Plaintiff herein James Gachoka Muchangi which Application seeks for orders that this Court directs the Registrar of Titles at the Nairobi Central Registry to register the transfer dated 15/11/2024 effecting the transfer of the property known as L.R No 6585/59/01 into the names of the transferees – JAMES GACHOKA MUCHANGI and JOSIAH MUCHANGI GACHOKA notwithstanding the absence of a Notification of sale and original auction documents or any other documents whatsoever for reason that the Applicant bought the property at a public auction held on 4/4/1996 from the Respondent pursuant to her statutory power of sale where he paid Kshs. 1,450,000/= and that a consent was filed in Court and adopted on 7/12/2024 to have the property transferred to the Plaintiff.
The Applicant said that the Land Registrar demanded to be given certified
copies of the caution documents or a Court order dispensing with the same but which the Applicant cannot trace. The parties herein, i.e. the Applicant and the Respondent thereafter filed a further Consent to bypass the above requirement.
Having heard all the parties herein, it is only prudent to have an intended 2nd and 3rd Defendants joined as parties in the suit since they have an interest in the suit property and especially so because the subject matter of this suit has been a subject of the succession cause No. 37 of 2018 - in the matter of the Estate of Mwangi Kamau King’eta (Deceased), the registered proprietor of L.R No. 6585/49/01 which forms part of his Estate and which is also the subject matter of this suit. It would be absurd if there are 2 different orders issued by the 2 different Courts giving the ownership of the suit land to 2 different persons. Without saying much and in order not to prejudice the suit, which is yet to be heard, the Application dated 5/12/2025 is granted and the Applicants in the said Application are hereby joined in this suit as 2nd and 3rd Defendants respectively.
The Plaintiff is hereby ordered to amend his Originating Summons dated 22/9/2020 within the next 14 days to reflect the new position.
Ruling read and delivered at Nyandarua this 21st Day of May 2026.
MUGO KAMAU
JUDGE
In the Presence of: -
Court Assistant: Samson.
Plaintiff’s Advocate Ms Wahome
Defendant’s Advocate NIL
Applicants’ Advocate
| 2 |