Freedom Limited v Director of Survey & 2 others; Omar Awdh Mbarak (Intended Interested Party) [2020] eKLR Case Summary

Court
Environment and Land Court at Mombasa
Category
Civil
Judge(s)
C.K. Yano
Judgment Date
September 22, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the key insights from the case Freedom Limited v Director of Survey & 2 others; Omar Awdh Mbarak [2020] eKLR, highlighting its implications and legal precedents.

Case Brief: Freedom Limited v Director of Survey & 2 others; Omar Awdh Mbarak (Intended Interested Party) [2020] eKLR

1. Case Information:
- Name of the Case: Freedom Limited v. Director of Survey & Others
- Case Number: ELC PET NO.42 OF 2019
- Court: Environment and Land Court at Mombasa
- Date Delivered: 22nd September 2020
- Category of Law: Civil
- Judge(s): C.K. Yano
- Country: Kenya

2. Questions Presented:
The central legal issue in this case is whether Omar Awadh Mbarak should be enjoined as an interested party in the proceedings concerning ownership of a specific piece of land, given his claim of legal interest and the existence of a related ongoing suit.

3. Facts of the Case:
The petitioner, Freedom Limited, claims ownership of land identified as Plot No.287 of Section V (CR Number 6302). The first respondent is the Director of Survey, and the second is the Director of Criminal Investigations Land Fraud, while the third is the Chief Registrar. Omar Awadh Mbarak seeks to be recognized as an interested party, asserting that he is the rightful heir to the land, inherited from his late grandfather who purchased it in 1978. Mbarak claims he holds the original Deed Plans for the property, which he argues contradicts the petitioner's claims. There is a related case (Mombasa ELC No.358 of 2016) where Freedom Limited is challenging Mbarak’s entitlement to the land.

4. Procedural History:
Mbarak filed a Notice of Motion on 29th January 2020 to join the proceedings. The application was supported by his affidavit, which included evidence of his claim. The petitioner opposed the application, arguing it was frivolous and lacked merit. The court directed that the matter be settled through written submissions, with only Mbarak’s counsel submitting on 27th February 2020, advocating for his inclusion due to his legal interest in the suit property.

5. Analysis:
- Rules: The court considered Order 1 Rule 10 (2) of the Civil Procedure Rules, which allows for the addition of parties necessary for the effective adjudication of a case. This rule emphasizes the court's discretion to include parties whose presence is essential for a complete resolution of the issues at hand.
- Case Law: While specific precedents were not detailed in the ruling, the court likely considered similar cases regarding the inclusion of interested parties in land disputes, focusing on the necessity of ensuring all interested parties are represented to avoid multiplicity of suits.
- Application: The court analyzed Mbarak's claim, noting his demonstrated interest in the property and the fact that there was an ongoing related case. The court concluded that his inclusion would facilitate a more comprehensive resolution of the disputes surrounding the land.

6. Conclusion:
The court ruled in favor of Mbarak, allowing his application to join the proceedings as an interested party. This decision underscores the importance of including all relevant parties in land disputes to ensure that the court can effectively adjudicate on all issues presented.

7. Dissent:
There were no dissenting opinions noted in this ruling. The decision was unanimous in allowing the application for joinder.

8. Summary:
The ruling allowed Omar Awadh Mbarak to join the case as an interested party, affirming the necessity of including individuals with legitimate claims to property in legal proceedings. This case highlights the court's commitment to ensuring comprehensive adjudication in land ownership disputes, potentially impacting future cases involving multiple claims to the same property.

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