Alton Homes Limited & another v Davis Nathan Chelogoi & 5 others [2020] eKLR Case Summary

Court
Court of Appeal at Nairobi
Category
Civil
Judge(s)
D.K. Musinga, P.O. Kiage, S. Gatembu Kairu, FCIArb
Judgment Date
October 09, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the Alton Homes Limited v Davis Nathan Chelogoi case [2020] eKLR summary, highlighting key legal issues and outcomes that impact property and contract law.

Case Brief: Alton Homes Limited & another v Davis Nathan Chelogoi & 5 others [2020] eKLR

1. Case Information:
- Name of the Case: Alton Homes Limited & Another v. Davis Nathan Chelogoi & Others
- Case Number: Civil Appeal No. 583 of 2019
- Court: Court of Appeal at Nairobi
- Date Delivered: 9th October 2020
- Category of Law: Civil
- Judge(s): D.K. Musinga, P.O. Kiage, S. Gatembu Kairu, FCIArb
- Country: Kenya

2. Questions Presented:
The central legal issues in this case revolve around whether the Environment and Land Court (ELC) erred in allowing the joinder of the 4th, 5th, and 6th respondents after judgment had been delivered, and whether it was appropriate to set aside the entire judgment and order a de novo trial upon their joinder.

3. Facts of the Case:
The dispute centers on a property known as Title Number Nairobi Block 26/113, originally allocated to the 1st respondent, who attempted to sell it to the appellants. The sale was not completed, and the 1st respondent subsequently sold the property to the 2nd respondent. The appellants filed a suit against the 1st, 2nd, and 3rd respondents seeking specific performance, a declaration that the sale to the 2nd respondent was void, and other related orders. The 1st respondent claimed that the appellants breached the sale agreement, justifying his sale to the 2nd respondent, who claimed to have evicted the appellants for non-payment of rent. The ELC ruled in favor of the appellants on 23rd February 2018, declaring the sale to the 2nd respondent fraudulent and awarding damages.

4. Procedural History:
Following the judgment in favor of the appellants, the ELC ordered the eviction of the respondents from the property. The 4th respondent, who was evicted, applied to the ELC for joinder in the suit, seeking to have the judgment set aside, arguing that he was not heard before the judgment was delivered. The ELC granted this application on 25th October 2019, which led to the appeal by the appellants.

5. Analysis:
- Rules: The court considered various legal provisions, including Order 1 Rule 10 of the Civil Procedure Rules, which allows for the addition of necessary parties at any stage of proceedings, and Section 80 of the Civil Procedure Act, which provides for the review of judgments.
- Case Law: The court referenced the case of JMK v. MWM & another, where a party sought to be added post-judgment along with a review application. The court in that case held that the presence of necessary parties is crucial for a fair hearing. Other cases cited included Saulo Kandie v. James Kwambai Cheruiyot and Michael Maina & another v. Stanley Kigara Kagombe, which emphasized the importance of natural justice and the right to be heard.
- Application: The court found that the 4th, 5th, and 6th respondents had a direct interest in the property and were not afforded the opportunity to be heard before the judgment was rendered. The court concluded that the ELC did not err in allowing their joinder and setting aside the judgment to ensure that all parties with an interest in the property were heard.

6. Conclusion:
The Court of Appeal upheld the ELC's ruling, concluding that the learned judge acted within her discretion to allow the joinder of the additional respondents and to set aside the prior judgment. The decision reinforced the principles of natural justice, ensuring that all parties with a stake in the matter had the opportunity to present their case.

7. Dissent:
There were no dissenting opinions noted in the case brief provided.

8. Summary:
The Court of Appeal dismissed the appeal, affirming the ELC's decision to allow the joinder of the 4th, 5th, and 6th respondents and to set aside the prior judgment. This case highlights the importance of including all necessary parties in legal disputes, particularly in property matters, and the fundamental right to be heard in judicial proceedings. The outcome emphasizes the judiciary's commitment to upholding principles of fairness and justice in civil litigation.

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