The Court of Appeal has reaffirmed that a court cannot extinguish a person’s proprietary rights without first affording them an opportunity to be heard, underscoring the importance of procedural fairness in land disputes.
In Kaangi & Another v Pulei (Suing as the Personal Representative of the Estate of Kasaine Pulei Kinyoei alias Kasina Ole Pulei) & 8 Others [2026], the dispute concerned the subdivision of Title No. Kajiado/Kipeto/347 into six parcels, which the respondent alleged had been fraudulently undertaken. The Environment and Land Court (ELC) nullified the resulting titles and ordered a re-survey.
The appellants, who had purchased one of the subdivided parcels and held a registered title, subsequently sought to join the proceedings and set aside the judgment. They argued that their proprietary interests had been affected without their joinder or service of court process. The ELC dismissed their application, prompting an appeal.
Allowing the appeal, the Court of Appeal found that the potential impact on third-party purchasers had been raised during the original proceedings, yet the trial court had failed to ensure that the affected proprietors were joined. The Court held that extinguishing their registered interests without giving them an opportunity to be heard violated the principles of natural justice and the constitutional right to a fair hearing.
The Court set aside both the ELC’s ruling and substantive judgment and remitted the matter for a fresh hearing before a different judge, with directions that the affected proprietors be joined.
Key takeaway: Land disputes must be determined in a manner that protects the right to a fair hearing. Where a judgment may directly affect the proprietary interests of third parties, courts should ensure that those parties are joined and afforded an opportunity to present their case before orders affecting their rights are made.
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