International Pentecostal Holiness Church & 10 others v Star-Land Company Ltd & 2 others; Sammy Malwa & 2 others (Applicant/Interested Parties) [2020] eKLR Case Summary

Court
Environment and Land Court at Eldoret
Category
Civil
Judge(s)
S. M. Kibunja
Judgment Date
October 07, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of International Pentecostal Holiness Church & 10 others v Star-Land Company Ltd & 2 others [2020] eKLR, examining key legal insights and implications for involved parties.

Case Brief: International Pentecostal Holiness Church & 10 others v Star-Land Company Ltd & 2 others; Sammy Malwa & 2 others (Applicant/Interested Parties) [2020] eKLR

1. Case Information:
- Name of the Case: International Pentecostal Holiness Church & 10 Others v. Star-Land Company Ltd & Others
- Case Number: E & L Case No. 594 of 2012
- Court: Environment and Land Court of Kenya at Eldoret
- Date Delivered: October 7, 2020
- Category of Law: Civil
- Judge(s): S. M. Kibunja
- Country: Kenya

2. Questions Presented:
The central legal issues presented before the court were:
- Whether the Applicants (Sammy Malwa, Japheth Yakhama Enziani, and Samson Luvuka) are necessary parties to be enjoined in the proceedings for the issues therein to be determined.
- Who should bear the costs of the application?

3. Facts of the Case:
The Plaintiffs, consisting of the International Pentecostal Holiness Church and ten others, initiated the suit against the 1st Defendant, Star-Land Company Ltd, along with two other defendants. The Applicants sought to be enjoined in the case as interested parties, asserting they were founding members of the Soul Restoration Worship Centre and had signed a sale agreement for the purchase of two acres of land from the 1st Defendant for Kshs.400,000 on January 30, 2004. The Plaintiffs opposed this application, arguing that the Applicants had ceased being members of the church and thus lacked a legitimate interest in the litigation.

4. Procedural History:
The Applicants filed a Notice of Motion on September 26, 2019, requesting to be added to the suit as interested parties. The Plaintiffs responded with a replying affidavit asserting the Applicants' lack of membership and interest. Following the court's directions on May 12, 2020, both parties submitted written arguments. The court analyzed the application under the relevant provisions of the Civil Procedure Act and Rules.

5. Analysis:
- Rules: The application was evaluated under Sections 1A, 3A, and 63(e) of the Civil Procedure Act, which outline the inherent powers of the court and provisions for interlocutory orders. Additionally, Order 1 Rule 10(2) of the Civil Procedure Rules provides the court with authority to add or remove parties from a suit.
- Case Law: The court referenced prior decisions emphasizing that a party seeking to join a suit must demonstrate a personal interest or stake in the matter. The court reiterated that the Applicants needed to show their involvement was necessary for the court to adjudicate all questions involved in the suit.
- Application: The court determined that the Applicants failed to prove any legal interest or stake in the subject matter of the suit. Their claims of being founders did not confer upon them the necessary status to be enjoined as parties. The court noted the absence of evidence confirming their current membership or role within the Plaintiff organization.

6. Conclusion:
The court dismissed the Applicants' motion, ruling that they did not demonstrate a necessary legal interest to be parties to the proceedings. Consequently, the Applicants were ordered to bear the costs of the application. This decision underscores the importance of demonstrating a clear legal interest in civil litigation for parties seeking to intervene.

7. Dissent:
There were no dissenting opinions noted in this ruling.

8. Summary:
The Environment and Land Court of Kenya ruled against the motion filed by Sammy Malwa and others to be enjoined as interested parties in the case involving the International Pentecostal Holiness Church. The court found that the Applicants lacked the necessary legal interest in the suit, highlighting the importance of established membership and documented interest in civil proceedings. The ruling emphasizes the court's commitment to ensuring that only parties with a legitimate stake in the matter are allowed to participate in litigation.

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